1.1 	A bill for an act
1.2 	relating to domestic abuse; providing for enforcement of foreign protective 
1.3 	orders;amending Minnesota Statutes 2004, section 518B.01, by adding a 
1.4 	subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 19a.Entry and enforcement of foreign protective orders. (a) As used in 
1.9 	this subdivision, "foreign protective order" means an order for protection entered by a 
1.10 	court of another state; and order by an Indian tribe or United States territory that would be 
1.11 	a protective order entered under this chapter; a temporary or permanent order or protective 
1.12 	order to exclude a respondent from a dwelling; or an order that establishes conditions of 
1.13 	release or is a protective order or sentencing order in a criminal prosecution arising from a 
1.14 	domestic abuse assault if it had been entered in Minnesota.
1.15 	(b) A person for whom a foreign protection order has been issued or the issuing court 
1.16 	or tribunal may provide a certified or authenticated copy of a foreign protective order to the 
1.17 	court administrator in any county that would have venue if the original action was being 
1.18 	commenced in this state or in which the person in whose favor the order was entered may 
1.19 	be present, for filing and entering of the same into the state order for protection database.
1.20 	(c) The court administrator shall file and enter foreign protective orders that are 
1.21 	not certified or authenticated, if supported by an affidavit of a person with personal 
1.22 	knowledge, subject to the penalties for perjury. The person protected by the order may 
1.23 	provide this affidavit.
2.1 	(d) The court administrator shall provide copies of the order as required by this 
2.2 	section.
2.3 	(e) A valid foreign protective order has the same effect and shall be enforced in the 
2.4 	same manner as an order for protection issued in this state whether or not filed with a court 
2.5 	administrator or otherwise entered in the state order for protection database.
2.6 	(f) A foreign protective order is presumed valid if it meets all of the following:
2.7 	(1) The order states the name of the protected individual and the individual against 
2.8 	whom enforcement is sought;
2.9 	(2) the order has not expired;
2.10 	(3) the order was issued by a court or tribunal that had jurisdiction over the parties 
2.11 	and subject matter under the law of the foreign jurisdiction; and
2.12 	(4) the order was issued in accordance with the respondent's due process rights, 
2.13 	either after the respondent was provided with reasonable notice and an opportunity to be 
2.14 	heard before the court or tribunal that issued the order, or in the case of an ex parte order, 
2.15 	the respondent was granted notice and an opportunity to be heard within a reasonable 
2.16 	time after the order was issued.
2.17 	(g) Proof that a foreign protective order failed to meet all of the factors listed in 
2.18 	paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
2.19 	(h) A peace officer shall treat a foreign protective order as a valid legal document 
2.20 	and shall make an arrest for a violation of the foreign protective order in the same manner 
2.21 	that a peace officer would make an arrest for a violation of a protective order issued 
2.22 	within this state.
2.23 	(i) The fact that a foreign protective order has not been filed with the court 
2.24 	administrator or otherwise entered into the state order for protection database shall not be 
2.25 	grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 
2.26 	the order is invalid on its face.
2.27 	(j) A peace officer acting reasonably and in good faith in connection with the 
2.28 	enforcement of a foreign protective order is immune from civil and criminal liability in 
2.29 	any action arising in connection with the enforcement.
2.30 	(k) Filing and service costs in connection with foreign protective orders are waived.