1.1 	A bill for an act
1.2 	relating to crimes; creating enhanced penalties for the crimes of violating a 
1.3 	domestic abuse no contact order, assault in the fifth degree, domestic assault, 
1.4 	violating an harassment restraining order, and harassment and stalking; adding 
1.5 	the crime of violating a domestic abuse no contact order to the list of qualified 
1.6 	domestic violence-related offenses;amending Minnesota Statutes 2004, sections 
1.7 	518B.01, subdivision 14; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 
1.8 	4; 609.748, subdivision 6; 609.749, subdivision 4; Minnesota Statutes 2005 
1.9 	Supplement, sections 518B.01, subdivision 22; 609.02, subdivision 16.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 518B.01, subdivision 14, is amended to 
1.12 	read:
1.13 		Subd. 14.Violation of an order for protection. (a) A person who violates an 
1.14 	order for protection issued by a judge or referee is subject to the penalties provided 
1.15 	in paragraphs (b) to (d).
1.16 	(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for 
1.17 	protection is granted by a judge or referee or pursuant to a similar law of another state, 
1.18 	the United States, the District of Columbia, tribal lands, or United States territories, and 
1.19 	the respondent or person to be restrained knows of the existence of the order, violation of 
1.20 	the order for protection is a misdemeanor. Upon a misdemeanor conviction under this 
1.21 	paragraph, the defendant must be sentenced to a minimum of three days imprisonment and 
1.22 	must be ordered to participate in counseling or other appropriate programs selected by 
1.23 	the court. If the court stays imposition or execution of the jail sentence and the defendant 
1.24 	refuses or fails to comply with the court's treatment order, the court must impose and 
1.25 	execute the stayed jail sentence. A violation of an order for protection shall also constitute 
1.26 	contempt of court and be subject to the penalties provided in chapter 588.
2.1 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
2.2 	subdivision during the time period betweenwithin ten years of  a previous qualified 
2.3 	domestic violence-related offense conviction and the end of the five years following 
2.4 	discharge from sentence for that offense or adjudication of delinquency. Upon a gross 
2.5 	misdemeanor conviction under this paragraph, the defendant must be sentenced to a 
2.6 	minimum of ten days imprisonment and must be ordered to participate in counseling or 
2.7 	other appropriate programs selected by the court. Notwithstanding section  609.135, the 
2.8 	court must impose and execute the minimum sentence provided in this paragraph for 
2.9 	gross misdemeanor convictions. 
2.10 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
2.11 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
2.12 	person knowingly violates this subdivision:
2.13 	(1) during the time period betweenwithin ten years of  the first of two or more 
2.14 	previous qualified domestic violence-related offense convictions and the end of the five 
2.15 	years following discharge from sentence for that offense or adjudications of delinquency; 
2.16 	or
2.17 	(2) while possessing a dangerous weapon, as defined in section  609.02, subdivision 6. 
2.18 	Upon a felony conviction under this paragraph in which the court stays imposition or 
2.19 	execution of sentence, the court shall impose at least a 30-day period of incarceration 
2.20 	as a condition of probation. The court also shall order that the defendant participate in 
2.21 	counseling or other appropriate programs selected by the court. Notwithstanding section  
2.22 	609.135, the court must impose and execute the minimum sentence provided in this 
2.23 	paragraph for felony convictions. 
2.24 	(e) A peace officer shall arrest without a warrant and take into custody a person 
2.25 	whom the peace officer has probable cause to believe has violated an order granted 
2.26 	pursuant to this section or a similar law of another state, the United States, the District of 
2.27 	Columbia, tribal lands, or United States territories restraining the person or excluding the 
2.28 	person from the residence or the petitioner's place of employment, even if the violation 
2.29 	of the order did not take place in the presence of the peace officer, if the existence of the 
2.30 	order can be verified by the officer. The probable cause required under this paragraph 
2.31 	includes probable cause that the person knows of the existence of the order. If the order 
2.32 	has not been served, the officer shall immediately serve the order whenever reasonably 
2.33 	safe and possible to do so. An order for purposes of this subdivision, includes the short 
2.34 	form order described in subdivision 8a. When the order is first served upon the person 
2.35 	at a location at which, under the terms of the order, the person's presence constitutes a 
2.36 	violation, the person shall not be arrested for violation of the order without first being 
3.1 	given a reasonable opportunity to leave the location in the presence of the peace officer. 
3.2 	A person arrested under this paragraph shall be held in custody for at least 36 hours, 
3.3 	excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by 
3.4 	a judge or judicial officer. A peace officer acting in good faith and exercising due care 
3.5 	in making an arrest pursuant to this paragraph is immune from civil liability that might 
3.6 	result from the officer's actions.
3.7 	(f) If the court finds that the respondent has violated an order for protection and 
3.8 	that there is reason to believe that the respondent will commit a further violation of the 
3.9 	provisions of the order restraining the respondent from committing acts of domestic abuse 
3.10 	or excluding the respondent from the petitioner's residence, the court may require the 
3.11 	respondent to acknowledge an obligation to comply with the order on the record. The court 
3.12 	may require a bond sufficient to deter the respondent from committing further violations 
3.13 	of the order for protection, considering the financial resources of the respondent, and not 
3.14 	to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the 
3.15 	obligation or post a bond under this paragraph, the court shall commit the respondent to 
3.16 	the county jail during the term of the order for protection or until the respondent complies 
3.17 	with the order under this paragraph. The warrant must state the cause of commitment, 
3.18 	with the sum and time for which any bond is required. If an order is issued under this 
3.19 	paragraph, the court may order the costs of the contempt action, or any part of them, to be 
3.20 	paid by the respondent. An order under this paragraph is appealable.
3.21 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
3.22 	party designated by the court, alleging that the respondent has violated any order for 
3.23 	protection granted pursuant to this section or a similar law of another state, the United 
3.24 	States, the District of Columbia, tribal lands, or United States territories, the court may 
3.25 	issue an order to the respondent, requiring the respondent to appear and show cause within 
3.26 	14 days why the respondent should not be found in contempt of court and punished 
3.27 	therefor. The hearing may be held by the court in any county in which the petitioner or 
3.28 	respondent temporarily or permanently resides at the time of the alleged violation, or in 
3.29 	the county in which the alleged violation occurred, if the petitioner and respondent do not 
3.30 	reside in this state. The court also shall refer the violation of the order for protection to the 
3.31 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
3.32 	(h) If it is alleged that the respondent has violated an order for protection issued under 
3.33 	subdivision 6 or a similar law of another state, the United States, the District of Columbia, 
3.34 	tribal lands, or United States territories, and the court finds that the order has expired 
3.35 	between the time of the alleged violation and the court's hearing on the violation, the court 
3.36 	may grant a new order for protection under subdivision 6 based solely on the respondent's 
4.1 	alleged violation of the prior order, to be effective until the hearing on the alleged violation 
4.2 	of the prior order. If the court finds that the respondent has violated the prior order, the 
4.3 	relief granted in the new order for protection shall be extended for a fixed period, not to 
4.4 	exceed one year, except when the court determines a longer fixed period is appropriate.
4.5 	(i) The admittance into petitioner's dwelling of an abusing party excluded from the 
4.6 	dwelling under an order for protection is not a violation by the petitioner of the order 
4.7 	for protection.
4.8 	A peace officer is not liable under section  609.43, clause (1), for a failure to perform 
4.9 	a duty required by paragraph (e). 
4.10 	(j) When a person is convicted under paragraph (b) or (c) of violating an order for 
4.11 	protection and the court determines that the person used a firearm in any way during 
4.12 	commission of the violation, the court may order that the person is prohibited from 
4.13 	possessing any type of firearm for any period longer than three years or for the remainder 
4.14 	of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. 
4.15 	At the time of the conviction, the court shall inform the defendant whether and for 
4.16 	how long the defendant is prohibited from possessing a firearm and that it is a gross 
4.17 	misdemeanor to violate this paragraph. The failure of the court to provide this information 
4.18 	to a defendant does not affect the applicability of the firearm possession prohibition or the 
4.19 	gross misdemeanor penalty to that defendant.
4.20 	(k) Except as otherwise provided in paragraph (j), when a person is convicted 
4.21 	under paragraph (b) or (c) of violating an order for protection, the court shall inform 
4.22 	the defendant that the defendant is prohibited from possessing a pistol for three years 
4.23 	from the date of conviction and that it is a gross misdemeanor offense to violate this 
4.24 	prohibition. The failure of the court to provide this information to a defendant does not 
4.25 	affect the applicability of the pistol possession prohibition or the gross misdemeanor 
4.26 	penalty to that defendant.
4.27 	(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a 
4.28 	pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996, 
4.29 	of violating an order for protection, unless three years have elapsed from the date of 
4.30 	conviction and, during that time, the person has not been convicted of any other violation 
4.31 	of this section. Property rights may not be abated but access may be restricted by the 
4.32 	courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross 
4.33 	misdemeanor.
4.34 	(m) If the court determines that a person convicted under paragraph (b) or (c) of 
4.35 	violating an order for protection owns or possesses a firearm and used it in any way during 
5.1 	the commission of the violation, it shall order that the firearm be summarily forfeited 
5.2 	under section  609.5316, subdivision 3. 

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

5.5 	Sec. 2. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, is 
5.6 	amended to read:
5.7 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
5.8 	is an order issued by a court against a defendant in a criminal proceeding for:
5.9 	(1) domestic abuse;
5.10 	(2) harassment or stalking charged under section 609.749 and committed against 
5.11 	a family or household member;
5.12 	(3) violation of an order for protection charged under subdivision 14; or
5.13 	(4) violation of a prior domestic abuse no contact order charged under this 
5.14 	subdivision.
5.15 	It includes pretrial orders before final disposition of the case and probationary orders 
5.16 	after sentencing.
5.17 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
5.18 	against the person and violates the order is guilty of a misdemeanor.
5.19 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
5.20 	subdivision within ten years of a previous qualified domestic violence-related offense 
5.21 	conviction or adjudication of delinquency.
5.22 	(d) A peace officer shall arrest without a warrant and take into custody a person 
5.23 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
5.24 	contact order, even if the violation of the order did not take place in the presence of the 
5.25 	peace officer, if the existence of the order can be verified by the officer. The person shall 
5.26 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
5.27 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
5.28 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
5.29 	immune from civil liability that might result from the officer's actions.

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

5.32 	Sec. 3. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
5.33 	amended to read:
6.1 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
6.2 	violence-related offense" includes the following offenses: sections 518B.01, subdivision 
6.3 	14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
6.4 	(violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222
6.5 	(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
6.6 	609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
6.7 	by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
6.8 	criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
6.9 	(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
6.10 	609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
6.11 	order); and609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with 
6.12 	an emergency call); and similar laws of other states, the United States, the District of 
6.13 	Columbia, tribal lands, and United States territories.

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

6.16 	Sec. 4. Minnesota Statutes 2004, section 609.224, subdivision 2, is amended to read:
6.17 		Subd. 2.Gross misdemeanor. (a) Whoever violates the provisions of subdivision 
6.18 	1 against the same victim during the time period betweenwithin ten years of  a previous 
6.19 	qualified domestic violence-related offense conviction or adjudication of delinquency and 
6.20 	the end of the five years following discharge from sentence or disposition for that offense,
6.21 	is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
6.22 	one year or to payment of a fine of not more than $3,000, or both.
6.23 	(b) Whoever violates the provisions of subdivision 1 within two three years of 
6.24 	a previous qualified domestic violence-related offense conviction or adjudication of 
6.25 	delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
6.26 	not more than one year or to payment of a fine of not more than $3,000, or both.
6.27 	(c) A caregiver, as defined in section  609.232, who is an individual and who violates 
6.28 	the provisions of subdivision 1 against a vulnerable adult, as defined in section  609.232, is 
6.29 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
6.30 	one year or to payment of a fine of not more than $3,000, or both. 

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

6.33 	Sec. 5. Minnesota Statutes 2004, section 609.224, subdivision 4, is amended to read:
7.1 		Subd. 4.Felony. (a) Whoever violates the provisions of subdivision 1 against 
7.2 	the same victim during the time period betweenwithin ten years of  the first of any 
7.3 	combination of two or more previous qualified domestic violence-related offense 
7.4 	convictions or adjudications of delinquency and the end of the five years following 
7.5 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
7.6 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
7.7 	than $10,000, or both.
7.8 	(b) Whoever violates the provisions of subdivision 1 within three years of the first 
7.9 	of any combination of two or more previous qualified domestic violence-related offense 
7.10 	convictions or adjudications of delinquency is guilty of a felony and may be sentenced 
7.11 	to imprisonment for not more than five years or to payment of a fine of not more than 
7.12 	$10,000, or both.

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

7.15 	Sec. 6. Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to read:
7.16 		Subd. 2.Gross misdemeanor. Whoever violates subdivision 1 during the time 
7.17 	period betweenwithin ten years of  a previous qualified domestic violence-related 
7.18 	offense conviction or adjudication of delinquency against a family or household member 
7.19 	as defined in section  518B.01, subdivision 2, and the end of the five years following 
7.20 	discharge from sentence or disposition for that offense is guilty of a gross misdemeanor 
7.21 	and may be sentenced to imprisonment for not more than one year or to payment of a fine 
7.22 	of not more than $3,000, or both. 

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

7.25 	Sec. 7. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
7.26 		Subd. 4.Felony. Whoever violates the provisions of this section or section  609.224, 
7.27 	subdivision 1, against the same victim during the time period between within ten years of
7.28 	the first of any combination of two or more previous qualified domestic violence-related 
7.29 	offense convictions or adjudications of delinquency and the end of the five years following 
7.30 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
7.31 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
7.32 	than $10,000, or both. 

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

8.3 	Sec. 8. Minnesota Statutes 2004, section 609.748, subdivision 6, is amended to read:
8.4 		Subd. 6.Violation of restraining order. (a) A person who violates a restraining 
8.5 	order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
8.6 	(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary 
8.7 	restraining order or a restraining order is granted under this section and the respondent 
8.8 	knows of the order, violation of the order is a misdemeanor.
8.9 	(c) A person is guilty of a gross misdemeanor who knowingly violates the order 
8.10 	during the time period betweenwithin ten years of  a previous qualified domestic 
8.11 	violence-related offense conviction and the end of the five years following discharge from 
8.12 	sentence for that offense or adjudication of delinquency.
8.13 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
8.14 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
8.15 	person knowingly violates the order:
8.16 	(1) during the time period betweenwithin ten years of  the first of two or more 
8.17 	previous qualified domestic violence-related offense convictions and the end of the five 
8.18 	years following discharge from sentence for that offense or adjudications of delinquency;
8.19 	(2) because of the victim's or another's actual or perceived race, color, religion, sex, 
8.20 	sexual orientation, disability as defined in section  363A.03, age, or national origin; 
8.21 	(3) by falsely impersonating another;
8.22 	(4) while possessing a dangerous weapon;
8.23 	(5) with an intent to influence or otherwise tamper with a juror or a judicial 
8.24 	proceeding or with intent to retaliate against a judicial officer, as defined in section  
8.25 	609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
8.26 	performance of official duties in connection with a judicial proceeding; or 
8.27 	(6) against a victim under the age of 18, if the respondent is more than 36 months 
8.28 	older than the victim.
8.29 	(e) A peace officer shall arrest without a warrant and take into custody a person 
8.30 	whom the peace officer has probable cause to believe has violated an order issued under 
8.31 	subdivision 4 or 5 if the existence of the order can be verified by the officer.
8.32 	(f) A violation of a temporary restraining order or restraining order shall also 
8.33 	constitute contempt of court.
8.34 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
8.35 	party designated by the court, alleging that the respondent has violated an order issued 
9.1 	under subdivision 4 or 5, the court may issue an order to the respondent requiring the 
9.2 	respondent to appear within 14 days and show cause why the respondent should not be 
9.3 	held in contempt of court. The court also shall refer the violation of the order to the 
9.4 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

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

9.7 	Sec. 9. Minnesota Statutes 2004, section 609.749, subdivision 4, is amended to read:
9.8 		Subd. 4.Second or subsequent violations; felony. (a) A person is guilty of a 
9.9 	felony who violates any provision of subdivision 2 during the time period between
9.10 	within ten years of a previous qualified domestic violence-related offense conviction 
9.11 	or adjudication of delinquency and the end of the ten years following discharge from 
9.12 	sentence or disposition for that offense, and may be sentenced to imprisonment for not 
9.13 	more than five years or to payment of a fine of not more than $10,000, or both.
9.14 	(b) A person is guilty of a felony who violates any provision of subdivision 2 during 
9.15 	the time period betweenwithin ten years of the first of two or more previous qualified 
9.16 	domestic violence-related offense convictions or adjudications of delinquency and the 
9.17 	end of ten years following discharge from sentence or disposition for that offense, and 
9.18 	may be sentenced to imprisonment for not more than ten years or to payment of a fine of 
9.19 	not more than $20,000, or both.

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