SF 2437

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to public safety; recodifying and clarifying the domestic abuse no 1.3contact order law; expanding the tampering with a witness crime; increasing the 1.4maximum bail for nonfelony domestic assault and domestic abuse order for 1.5protection violations; clarifying the requirement that the data communications 1.6network include orders for protection and no contact orders; exempting certain 1.7domestic abuse or sexual attack programs from data practices requirements; 1.8extending area for protection to a reasonable area around residence or dwelling 1.9in ex parte orders for protection; modifying crime of stalking; authorizing a 1.10pilot project to allow judges to order electronic monitoring for domestic abuse 1.11offenders on pretrial release; imposing criminal penalties;amending Minnesota 1.12Statutes 2008, sections 13.871, by adding a subdivision; 299C.46, subdivision 1.136; 518B.01, subdivisions 6, 7; 609.498, subdivision 3, by adding a subdivision; 1.14609.749; 629.471, subdivision 3, by adding a subdivision; 629.72, subdivisions 1.151, 2a; proposing coding for new law in Minnesota Statutes, chapters 13; 629; 1.16repealing Minnesota Statutes 2008, section 518B.01, subdivision 22. 1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18    Section 1. new text begin [13.823] DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS. new text end 1.19     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section: new text end 1.20 new text begin (1) "domestic abuse" has the meaning given in section 518B.01, subdivision 2; and new text end 1.21 new text begin (2) "sexual attack" has the meaning given in section 611A.21, subdivision 2. new text end 1.22     new text begin Subd. 2. new text end new text begin Provisions not applicable. new text end new text begin Except as otherwise provided in this new text end 1.23 new text begin subdivision, a program that provides shelter or support services to victims of domestic new text end 1.24 new text begin abuse or a sexual attack and whose employees or volunteers are not under the direct new text end 1.25 new text begin supervision of a government entity is not a political subdivision for purposes of this new text end 1.26 new text begin chapter. Section 13.05, subdivision 11, does not apply to a contract between a government new text end 1.27 new text begin entity and the program, provided that the program shall comply with sections 611A.32, new text end 1.28 new text begin subdivision 5, and 611A.371, subdivision 3. Government data arising out of a contractual new text end 1.29 new text begin relationship between the program and a government entity, other than programmatic new text end 2.1 new text begin and financial reports, contracts, and grant agreements, are private data on individuals new text end 2.2 new text begin or nonpublic data. new text end 2.3    Sec. 2. Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision 2.4to read: 2.5     new text begin Subd. 13. new text end new text begin Orders for protection and no contact orders. new text end new text begin Data contained in orders new text end 2.6 new text begin for protection and no contact orders are classified in section 299C.46, subdivision 6. new text end 2.7    Sec. 3. Minnesota Statutes 2008, section 299C.46, subdivision 6, is amended to read: 2.8    Subd. 6. Orders for protection and no contact orders. new text begin (a) As used in this new text end 2.9 new text begin subdivision, "no contact orders" include orders issued as pretrial orders under section new text end 2.10 new text begin 629.72, subdivision 2, orders under section 629.75, and orders issued as probationary or new text end 2.11 new text begin sentencing orders at the time of disposition in a criminal domestic abuse case. new text end 2.12 new text begin (b) new text end The data communications network must include orders for protection issued 2.13under section 518B.01 and no contact orders issued under section 629.715, subdivision 4 new text begin new text end 2.14 new text begin against adults and juveniles new text end . A no contact order must be accompanied by a photograph 2.15of the offender for the purpose of enforcement of the order, if a photograph is available 2.16and verified by the court to be an image of the defendant. 2.17 new text begin (c) Data from orders for protection or no contact orders and data entered by law new text end 2.18 new text begin enforcement to assist in the enforcement of those orders are classified as private data on new text end 2.19 new text begin individuals as defined in section 13.02, subdivision 12. Data about the offender can be new text end 2.20 new text begin shared with the victim for purposes of enforcement of the order. new text end 2.21    Sec. 4. Minnesota Statutes 2008, section 518B.01, subdivision 6, is amended to read: 2.22    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide 2.23relief as follows: 2.24    (1) restrain the abusing party from committing acts of domestic abuse; 2.25    (2) exclude the abusing party from the dwelling which the parties share or from the 2.26residence of the petitioner; 2.27    (3) exclude the abusing party from a reasonable area surrounding the dwelling or 2.28residence, which area shall be described specifically in the order; 2.29    (4) award temporary custody or establish temporary parenting time with regard to 2.30minor children of the parties on a basis which gives primary consideration to the safety of 2.31the victim and the children. In addition to the primary safety considerations, the court 2.32may consider particular best interest factors that are found to be relevant to the temporary 2.33custody and parenting time award. Findings under section 257.025, 518.17, or 518.175 3.1are not required with respect to the particular best interest factors not considered by the 3.2court. If the court finds that the safety of the victim or the children will be jeopardized by 3.3unsupervised or unrestricted parenting time, the court shall condition or restrict parenting 3.4time as to time, place, duration, or supervision, or deny parenting time entirely, as needed 3.5to guard the safety of the victim and the children. The court's decision on custody and 3.6parenting time shall in no way delay the issuance of an order for protection granting other 3.7relief provided for in this section. The court must not enter a parenting plan under section 3.8518.1705 as part of an action for an order for protection; 3.9    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary 3.10support for minor children or a spouse, and order the withholding of support from the 3.11income of the person obligated to pay the support according to chapter 518A; 3.12    (6) provide upon request of the petitioner counseling or other social services for the 3.13parties, if married, or if there are minor children; 3.14    (7) order the abusing party to participate in treatment or counseling services, 3.15including requiring the abusing party to successfully complete a domestic abuse 3.16counseling program or educational program under section 518B.02; 3.17    (8) award temporary use and possession of property and restrain one or both parties 3.18from transferring, encumbering, concealing, or disposing of property except in the usual 3.19course of business or for the necessities of life, and to account to the court for all such 3.20transfers, encumbrances, dispositions, and expenditures made after the order is served or 3.21communicated to the party restrained in open court; 3.22    (9) exclude the abusing party from the place of employment of the petitioner, or 3.23otherwise limit access to the petitioner by the abusing party at the petitioner's place of 3.24employment; 3.25    (10) order the abusing party to have no contact with the petitioner whether in 3.26person, by telephone, mail, or electronic mail or messaging, through a third party, or 3.27by any other means; 3.28    (11) order the abusing party to pay restitution to the petitioner; 3.29    (12) order the continuance of all currently available insurance coverage without 3.30change in coverage or beneficiary designation; and 3.31    (13) order, in its discretion, other relief as it deems necessary for the protection of 3.32a family or household member, including orders or directives to the sheriff or other law 3.33enforcement or corrections officer as provided by this section. new text begin ; new text end 3.34 new text begin (14) direct the care, possession, or control of a pet or companion animal owned, new text end 3.35 new text begin possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent; new text end 3.36 new text begin and new text end 4.1 new text begin (15) direct the respondent to refrain from physically abusing or injuring any pet or new text end 4.2 new text begin companion animal, without legal justification, known to be owned, possessed, kept, or new text end 4.3 new text begin held by either party or a minor child residing in the residence or household of either party new text end 4.4 new text begin as an indirect means of intentionally threatening the safety of such person. new text end 4.5    (b) Any relief granted by the order for protection shall be for a period not to exceed 4.6two years, except when the court determines a longer period is appropriate. When a 4.7referee presides at the hearing on the petition, the order granting relief becomes effective 4.8upon the referee's signature. 4.9    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be 4.10vacated or modified in a proceeding for dissolution of marriage or legal separation, except 4.11that the court may hear a motion for modification of an order for protection concurrently 4.12with a proceeding for dissolution of marriage upon notice of motion and motion. The 4.13notice required by court rule shall not be waived. If the proceedings are consolidated 4.14and the motion to modify is granted, a separate order for modification of an order for 4.15protection shall be issued. 4.16    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not 4.17voided by the admittance of the abusing party into the dwelling from which the abusing 4.18party is excluded. 4.19    (e) If a proceeding for dissolution of marriage or legal separation is pending between 4.20the parties, the court shall provide a copy of the order for protection to the court with 4.21jurisdiction over the dissolution or separation proceeding for inclusion in its file. 4.22    (f) An order for restitution issued under this subdivision is enforceable as civil 4.23judgment. 4.24    Sec. 5. Minnesota Statutes 2008, section 518B.01, subdivision 7, is amended to read: 4.25    Subd. 7. Ex parte order. (a) Where an application under this section alleges an 4.26immediate and present danger of domestic abuse, the court may grant an ex parte order for 4.27protection and granting relief as the court deems proper, including an order: 4.28    (1) restraining the abusing party from committing acts of domestic abuse; 4.29    (2) excluding any party from the dwelling they share or from the residence of the 4.30other new text begin , including a reasonable area surrounding the dwelling or residence, which area shall new text end 4.31 new text begin be described specifically in the order, new text end except by further order of the court; 4.32    (3) excluding the abusing party from the place of employment of the petitioner or 4.33otherwise limiting access to the petitioner by the abusing party at the petitioner's place of 4.34employment; 5.1    (4) ordering the abusing party to have no contact with the petitioner whether in 5.2person, by telephone, mail, e-mail, through electronic devices, or through a third party; and 5.3    (5) continuing all currently available insurance coverage without change in coverage 5.4or beneficiary designation new text begin ; new text end 5.5 new text begin (6) directing the care, possession, or control of a pet or companion animal owned, new text end 5.6 new text begin possessed, or kept by a party or a child of a party; and new text end 5.7 new text begin (7) directing the respondent to refrain from physically abusing or injuring any pet or new text end 5.8 new text begin companion animal, without legal justification, known to be owned, possessed, kept, or new text end 5.9 new text begin held by either party or a minor child residing in the residence or household of either party new text end 5.10 new text begin as an indirect means of intentionally threatening the safety of such person new text end . 5.11    (b) A finding by the court that there is a basis for issuing an ex parte order for 5.12protection constitutes a finding that sufficient reasons exist not to require notice under 5.13applicable court rules governing applications for ex parte relief. 5.14    (c) Subject to paragraph (d), an ex parte order for protection shall be effective for 5.15a fixed period set by the court, as provided in subdivision 6, paragraph (b), or until 5.16modified or vacated by the court pursuant to a hearing. When signed by a referee, the ex 5.17parte order becomes effective upon the referee's signature. Upon request, a hearing, as 5.18provided by this section, shall be set. Except as provided in paragraph (d), the respondent 5.19shall be personally served forthwith a copy of the ex parte order along with a copy of 5.20the petition and, if requested by the petitioner, notice of the date set for the hearing. If 5.21the petitioner does not request a hearing, an order served on a respondent under this 5.22subdivision must include a notice advising the respondent of the right to request a hearing, 5.23must be accompanied by a form that can be used by the respondent to request a hearing 5.24and must include a conspicuous notice that a hearing will not be held unless requested 5.25by the respondent within five days of service of the order. 5.26    (d) Service of the ex parte order may be made by published notice, as provided 5.27under subdivision 5, provided that the petitioner files the affidavit required under that 5.28subdivision. If personal service is not made or the affidavit is not filed within 14 days 5.29of issuance of the ex parte order, the order expires. If the petitioner does not request a 5.30hearing, the petition mailed to the respondent's residence, if known, must be accompanied 5.31by the form for requesting a hearing and notice described in paragraph (c). Unless 5.32personal service is completed, if service by published notice is not completed within 28 5.33days of issuance of the ex parte order, the order expires. 5.34    (e) If the petitioner seeks relief under subdivision 6 other than the relief described in 5.35paragraph (a), the petitioner must request a hearing to obtain the additional relief. 6.1    (f) Nothing in this subdivision affects the right of a party to seek modification of an 6.2order under subdivision 11. 6.3    Sec. 6. Minnesota Statutes 2008, section 609.498, is amended by adding a subdivision 6.4to read: 6.5     new text begin Subd. 2a. new text end new text begin Tampering with a witness in the third degree. new text end new text begin (a) Unless a greater new text end 6.6 new text begin penalty is applicable under subdivision 1, 1b, or 2, whoever does any of the following is new text end 6.7 new text begin guilty of tampering with a witness in the third degree and may be sentenced as provided in new text end 6.8 new text begin subdivision 3: new text end 6.9 new text begin (1) intentionally prevents or dissuades or intentionally attempts to prevent or new text end 6.10 new text begin dissuade by means of intimidation, a person who is or may become a witness from new text end 6.11 new text begin attending or testifying at any trial, proceeding, or inquiry authorized by law; new text end 6.12 new text begin (2) by means of intimidation, intentionally influences or attempts to influence a new text end 6.13 new text begin person who is or may become a witness to testify falsely at any trial, proceeding, or new text end 6.14 new text begin inquiry authorized by law; new text end 6.15 new text begin (3) intentionally prevents or dissuades or attempts to prevent or dissuade by means new text end 6.16 new text begin of intimidation, a person from providing information to law enforcement authorities new text end 6.17 new text begin concerning a crime; or new text end 6.18 new text begin (4) by means of intimidation, intentionally influences or attempts to influence a new text end 6.19 new text begin person to provide false information concerning a crime to law enforcement authorities. new text end 6.20 new text begin (b) In a prosecution under this subdivision, proof of intimidation may be based on a new text end 6.21 new text begin specific act or on the totality of the circumstances. new text end 6.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 6.23 new text begin committed on or after that date. new text end 6.24    Sec. 7. Minnesota Statutes 2008, section 609.498, subdivision 3, is amended to read: 6.25    Subd. 3. Sentence. new text begin (a) new text end Whoever violates subdivision 2 may be sentenced to 6.26imprisonment for not more than one year or to payment of a fine not to exceed $3,000 new text begin is new text end 6.27 new text begin guilty of a gross misdemeanor new text end . 6.28 new text begin (b) Whoever violates subdivision 2a is guilty of a misdemeanor. new text end 6.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 6.30 new text begin committed on or after that date. new text end 6.31    Sec. 8. Minnesota Statutes 2008, section 609.749, is amended to read: 6.32609.749 HARASSMENT; STALKING; PENALTIES. 7.1    Subdivision 1. Definition. As used in this section, "harass" new text begin "stalking" new text end means 7.2to engage in intentional conduct which: (1) the actor knows or has reason to know 7.3would cause the victim under the circumstances to feel frightened, threatened, oppressed, 7.4persecuted, or intimidated; new text begin , new text end and (2) causes this reaction on the part of the victim new text begin regardless new text end 7.5 new text begin of the relationship between the actor and victim new text end . 7.6    Subd. 1a. No proof of specific intent required. In a prosecution under this section, 7.7the state is not required to prove that the actor intended to cause the victim to feel 7.8frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise 7.9provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor 7.10intended to cause any other result. 7.11     new text begin Subd. 1b. new text end new text begin Venue. new text end new text begin (a) When acts constituting a violation of this section are new text end 7.12 new text begin committed in two or more counties, the accused may be prosecuted in any county in which new text end 7.13 new text begin one of the acts was committed for all acts in violation of this section. new text end 7.14 new text begin (b) The conduct described in subdivision 2, clauses (4) and (5) may be prosecuted new text end 7.15 new text begin at the place where any call is made or received or, in the case of wireless or electronic new text end 7.16 new text begin communication or any communication made through any available technologies, where the new text end 7.17 new text begin actor or victim resides or in the jurisdiction of the victim's designated address if the victim new text end 7.18 new text begin participates in the address confidentiality program established by chapter 5B. The conduct new text end 7.19 new text begin described in subdivision 2, clause (2), may be prosecuted where the actor or victim resides. new text end 7.20 new text begin The conduct described in subdivision 2, clause (6), may be prosecuted where any letter, new text end 7.21 new text begin telegram, message, package, or other object is sent or received or, in the case of wireless or new text end 7.22 new text begin electronic communication or communication made through other available technologies, new text end 7.23 new text begin where the actor or victim resides or in the jurisdiction of the victim's designated address if new text end 7.24 new text begin the victim participates in the address confidentiality program established by chapter 5B. new text end 7.25     new text begin Subd. 1c. new text end new text begin Arrest. new text end new text begin For all violations under this section, except a violation of new text end 7.26 new text begin subdivision 2, clause (7), a peace officer may make an arrest under the provisions of new text end 7.27 new text begin section 629.34. A peace officer may not make a warrantless, custodial arrest of any person new text end 7.28 new text begin for a violation of subdivision 2, clause (7). new text end 7.29    Subd. 2. Harassment and Stalking crimes. (a) A person who harasses new text begin stalks new text end 7.30another by committing any of the following acts is guilty of a gross misdemeanor: 7.31(1) directly or indirectly new text begin , or through third parties, new text end manifests a purpose or intent to 7.32injure the person, property, or rights of another by the commission of an unlawful act; 7.33(2) stalks, follows, monitors, or pursues another, whether in person or through 7.34 new text begin any available new text end technological or other means; 7.35(3) returns to the property of another if the actor is without claim of right to the 7.36property or consent of one with authority to consent; 8.1(4) repeatedly makes telephone calls, new text begin sends text messages, new text end or induces a victim to 8.2make telephone calls to the actor, whether or not conversation ensues; 8.3(5) makes or causes the telephone of another repeatedly or continuously to ring; 8.4(6) repeatedly mails or delivers or causes the delivery by any means, including 8.5electronically, of letters, telegrams, messages, packages, new text begin through assistive devices for new text end 8.6 new text begin the visually or hearing impaired, or any communication made through any available new text end 8.7 new text begin technologies new text end or other objects; or 8.8(7) knowingly makes false allegations against a peace officer concerning the 8.9officer's performance of official duties with intent to influence or tamper with the officer's 8.10performance of official duties. 8.11(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at 8.12the place where any call is either made or received or, additionally in the case of wireless 8.13or electronic communication, where the actor or victim resides. The conduct described 8.14in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The 8.15conduct described in paragraph (a), clause (6), may be prosecuted where any letter, 8.16telegram, message, package, or other object is either sent or received or, additionally in 8.17the case of wireless or electronic communication, where the actor or victim resides. 8.18(c) A peace officer may not make a warrantless, custodial arrest of any person for a 8.19violation of paragraph (a), clause (7). 8.20    Subd. 3. Aggravated violations. (a) A person who commits any of the following 8.21acts is guilty of a felony and may be sentenced to imprisonment for not more than five 8.22years or to payment of a fine of not more than $10,000, or both: 8.23(1) commits any offense described in subdivision 2 because of the victim's or 8.24another's actual or perceived race, color, religion, sex, sexual orientation, disability as 8.25defined in section 363A.03, age, or national origin; 8.26(2) commits any offense described in subdivision 2 by falsely impersonating another; 8.27(3) commits any offense described in subdivision 2 and possesses a dangerous 8.28weapon at the time of the offense; 8.29(4) harasses new text begin stalks new text end another, as defined in subdivision 1, with intent to influence or 8.30otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a 8.31judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer 8.32of the court, because of that person's performance of official duties in connection with 8.33a judicial proceeding; or 8.34(5) commits any offense described in subdivision 2 against a victim under the age of 8.3518, if the actor is more than 36 months older than the victim. 9.1(b) A person who commits any offense described in subdivision 2 against a victim 9.2under the age of 18, if the actor is more than 36 months older than the victim, and the act 9.3is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced 9.4to imprisonment for not more than ten years or to payment of a fine of not more than 9.5$20,000, or both. 9.6    Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a 9.7felony who violates any provision of subdivision 2 within ten years of a previous qualified 9.8domestic violence-related offense conviction or adjudication of delinquency, and may 9.9be sentenced to imprisonment for not more than five years or to payment of a fine of 9.10not more than $10,000, or both. 9.11(b) A person is guilty of a felony who violates any provision of subdivision 2 within 9.12ten years of the first of two or more previous qualified domestic violence-related offense 9.13convictions or adjudications of delinquency, and may be sentenced to imprisonment for 9.14not more than ten years or to payment of a fine of not more than $20,000, or both. 9.15    Subd. 5. Pattern of harassing new text begin stalking new text end conduct. (a) A person who engages in 9.16a pattern of harassing new text begin stalking new text end conduct with respect to a single victim or one or more 9.17members of a single household which the actor knows or has reason to know would 9.18cause the victim under the circumstances to feel terrorized or to fear bodily harm and 9.19which does cause this reaction on the part of the victim, is guilty of a felony and may 9.20be sentenced to imprisonment for not more than ten years or to payment of a fine of 9.21not more than $20,000, or both. 9.22(b) For purposes of this subdivision, a "pattern of harassing new text begin stalking new text end conduct" means 9.23two or more acts within a five-year period that violate or attempt to violate the provisions 9.24of any of the following or a similar law of another state, the United States, the District of 9.25Columbia, tribal lands new text begin tribe new text end , or United States territories: 9.26(1) this section; 9.27 new text begin (2) sections 609.185 to 609.205 (first- to third-degree murder and first- and new text end 9.28 new text begin second-degree manslaughter); new text end 9.29(2) new text begin (3) new text end section 609.713 new text begin (terroristic threats) new text end ; 9.30(3) new text begin (4) new text end section 609.224 new text begin (fifth-degree assault) new text end ; 9.31(4) new text begin (5) new text end section 609.2242 new text begin (domestic assault) new text end ; 9.32(5) new text begin (6) new text end section 518B.01, subdivision 14 new text begin (violations of domestic abuse orders for new text end 9.33 new text begin protection) new text end ; 9.34(6) new text begin (7) new text end section 609.748, subdivision 6 new text begin (violations of harassment restraining orders) new text end ; 9.35(7) new text begin (8) new text end section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) new text begin new text end 9.36 new text begin (certain trespass offenses) new text end ; 10.1 new text begin (9) section 609.78, subdivision 2 (interference with an emergency call); new text end 10.2(8) new text begin (10) new text end section 609.79 new text begin (obscene or harassing telephone calls) new text end ; 10.3(9) new text begin (11) new text end section 609.795 new text begin (letter, telegram, or package; opening; harassment) new text end ; 10.4(10) new text begin (12) new text end section 609.582 new text begin (burglary) new text end ; 10.5(11) new text begin (13) new text end section 609.595 new text begin (damage to property) new text end ; 10.6(12) new text begin (14) new text end section 609.765 new text begin (criminal defamation) new text end ; or 10.7(13) new text begin (15) new text end sections 609.342 to 609.3451 new text begin (first- to fifth-degree criminal sexual new text end 10.8 new text begin conduct); or new text end 10.9 new text begin (16) section 629.75, subdivision 2 (violations of domestic abuse no contact orders) new text end . 10.10(c) When acts constituting a violation of this subdivision are committed in two or 10.11more counties, the accused may be prosecuted in any county in which one of the acts 10.12was committed for all acts constituting the pattern new text begin Words set forth in parentheses after new text end 10.13 new text begin references to statutory sections in paragraph (b) are mere catchwords included solely for new text end 10.14 new text begin convenience in reference. They are not substantive and may not be used to construe or new text end 10.15 new text begin limit the meaning of the cited statutory provision new text end . 10.16    Subd. 6. Mental health assessment and treatment. (a) When a person is convicted 10.17of a felony offense under this section, or another felony offense arising out of a charge 10.18based on this section, the court shall order an independent professional mental health 10.19assessment of the offender's need for mental health treatment. The court may waive the 10.20assessment if an adequate assessment was conducted prior to the conviction. 10.21(b) Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or 10.22260C.171 , the assessor has access to the following private or confidential data on the 10.23person if access is relevant and necessary for the assessment: 10.24(1) medical data under section 13.384; 10.25(2) welfare data under section 13.46; 10.26(3) corrections and detention data under section 13.85; 10.27(4) health records under sections 144.291 to 144.298; and 10.28(5) juvenile court records under sections 260B.171 and 260C.171. 10.29Data disclosed under this section may be used only for purposes of the assessment and 10.30may not be further disclosed to any other person, except as authorized by law. 10.31(c) If the assessment indicates that the offender is in need of and amenable to mental 10.32health treatment, the court shall include in the sentence a requirement that the offender 10.33undergo treatment. 10.34(d) The court shall order the offender to pay the costs of assessment under this 10.35subdivision unless the offender is indigent under section 563.01. 11.1    Subd. 7. Exception. Conduct is not a crime under this section if it is performed 11.2under terms of a valid license, to ensure compliance with a court order, or to carry out 11.3a specific lawful commercial purpose or employment duty, is authorized or required 11.4by a valid contract, or is authorized, required, or protected by state or new text begin , new text end federal new text begin , or tribal new text end 11.5law or the state or new text begin , new text end federal new text begin , or tribal new text end constitutions. Subdivision 2, clause (2), does not 11.6impair the right of any individual or group to engage in speech protected by the federal 11.7Constitution new text begin , state, or tribal constitutions new text end , the state Constitution, or federal or new text begin , new text end state new text begin , or new text end 11.8 new text begin tribal new text end law, including peaceful and lawful handbilling and picketing. 11.9    Subd. 8. Stalking; firearms. (a) When a person is convicted of a harassment or 11.10stalking crime under this section and the court determines that the person used a firearm in 11.11any way during commission of the crime, the court may order that the person is prohibited 11.12from possessing any type of firearm for any period longer than three years or for the 11.13remainder of the person's life. A person who violates this paragraph is guilty of a gross 11.14misdemeanor. At the time of the conviction, the court shall inform the defendant whether 11.15and for how long the defendant is prohibited from possessing a firearm and that it is 11.16a gross misdemeanor to violate this paragraph. The failure of the court to provide this 11.17information to a defendant does not affect the applicability of the firearm possession 11.18prohibition or the gross misdemeanor penalty to that defendant. 11.19(b) Except as otherwise provided in paragraph (a), when a person is convicted of 11.20a stalking or harassment crime under this section, the court shall inform the defendant 11.21that the defendant is prohibited from possessing a pistol for three years from the date of 11.22conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure 11.23of the court to provide this information to a defendant does not affect the applicability of 11.24the pistol possession prohibition or the gross misdemeanor penalty to that defendant. 11.25(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess 11.26a pistol if the person has been convicted after August 1, 1996, of a stalking or harassment 11.27crime under this section, unless three years have elapsed from the date of conviction and, 11.28during that time, the person has not been convicted of any other violation of this section. 11.29Property rights may not be abated but access may be restricted by the courts. A person 11.30who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor. 11.31(d) If the court determines that a person convicted of a stalking or harassment 11.32crime under this section owns or possesses a firearm and used it in any way during the 11.33commission of the crime, it shall order that the firearm be summarily forfeited under 11.34section 609.5316, subdivision 3. 11.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 11.36 new text begin committed on or after that date. new text end 12.1    Sec. 9. Minnesota Statutes 2008, section 629.471, subdivision 3, is amended to read: 12.2    Subd. 3. Six times fine. For offenses under sections , 609.224, , 12.3and 609.377, the maximum cash bail that may be required for a person charged with a 12.4misdemeanor or gross misdemeanor violation is six times the highest cash fine that may be 12.5imposed for the offense. 12.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 12.7 new text begin committed on or after that date. new text end 12.8    Sec. 10. Minnesota Statutes 2008, section 629.471, is amended by adding a subdivision 12.9to read: 12.10     new text begin Subd. 3a. new text end new text begin Ten times fine. new text end new text begin For offenses under sections 518B.01, 609.2242, and new text end 12.11 new text begin 629.75, the maximum cash bail that may be required for a person charged with a new text end 12.12 new text begin misdemeanor or gross misdemeanor violation is ten times the highest cash fine that may new text end 12.13 new text begin be imposed for the offense. new text end 12.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 12.15 new text begin committed on or after that date. new text end 12.16    Sec. 11. Minnesota Statutes 2008, section 629.72, subdivision 1, is amended to read: 12.17    Subdivision 1. Definitions. (a) For purposes of this section, the following terms 12.18have the meanings given them. 12.19(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2. 12.20(c) "Harassment" has the meaning given in section 609.749. 12.21(d) "Violation of a domestic abuse no contact order" has the meaning given in 12.22section 518B.01, subdivision 22 new text begin 629.75 new text end . 12.23(e) "Violation of an order for protection" has the meaning given in section 518B.01, 12.24subdivision 14 . 12.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 12.26 new text begin committed on or after that date. new text end 12.27    Sec. 12. Minnesota Statutes 2008, section 629.72, subdivision 2a, is amended to read: 12.28    Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the 12.29commissioner of corrections has adopted standards governing electronic monitoring 12.30devices used to protect victims of domestic abuse, the court, as a condition of release, may 12.31not order a person arrested for a crime described in section 609.135, subdivision 5a, 12.32paragraph (b), to use an electronic monitoring device to protect a victim's safety. 13.1(b) Notwithstanding paragraph (a), district courts in the Tenth new text begin the chief judge of a new text end 13.2judicial district may order, as a condition of a release, a person arrested on a charge of a 13.3crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic 13.4monitoring device to protect the victim's safety. The courts shall make data on the use 13.5of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District 13.6available to the commissioner of corrections to evaluate and to aid in development of 13.7standards for the use of devices to protect victims of domestic abuse new text begin appoint and convene new text end 13.8 new text begin an advisory group comprised of representatives from law enforcement, prosecutors, new text end 13.9 new text begin defense attorneys, corrections, court administrators, judges, and battered women's new text end 13.10 new text begin organizations to develop standards for the use of electronic monitoring and global new text end 13.11 new text begin positioning system devices to protect victims of domestic abuse and for evaluating the new text end 13.12 new text begin effectiveness of electronic monitoring. After the advisory group does this, the chief judge, new text end 13.13 new text begin in consultation with the advisory group, may conduct a pilot project for implementation of new text end 13.14 new text begin the electronic monitoring standards. A judicial district that conducts a pilot project shall new text end 13.15 new text begin report on the standards and the pilot project to the chairs and ranking minority members new text end 13.16 new text begin of the senate and house of representatives committees having jurisdiction over criminal new text end 13.17 new text begin justice policy and the state court administrator's office new text end . 13.18 new text begin SUNSET. new text end new text begin The amendments to this section expire on January 15, 2014. new text end 13.19    Sec. 13. new text begin [629.75] DOMESTIC ABUSE NO CONTACT ORDER. new text end 13.20     new text begin Subdivision 1. new text end new text begin Establishment; description. new text end new text begin (a) A domestic abuse no contact order new text end 13.21 new text begin is an order issued by a court against a defendant in a criminal proceeding or a juvenile new text end 13.22 new text begin offender in a delinquency proceeding for: new text end 13.23     new text begin (1) domestic abuse as defined in section 518B.01, subdivision 2; new text end 13.24     new text begin (2) harassment or stalking under section new text end new text begin when committed against a family new text end 13.25 new text begin or household member as defined in section 518B.01, subdivision 2; new text end 13.26     new text begin (3) violation of an order for protection under section 518B.01, subdivision 14; or new text end 13.27     new text begin (4) violation of a prior domestic abuse no contact order under this subdivision or new text end 13.28 new text begin section 518B.01, subdivision 22. new text end 13.29     new text begin (b) A domestic abuse no contact order may be issued as a pretrial order before final new text end 13.30 new text begin disposition of the underlying criminal case or as a postconviction probationary order. A new text end 13.31 new text begin domestic abuse no contact order is independent of any condition of pretrial release or new text end 13.32 new text begin probation imposed on the defendant. A domestic abuse no contact order may be issued in new text end 13.33 new text begin addition to a similar restriction imposed as a condition of pretrial release or probation. In new text end 13.34 new text begin the context of a postconviction probationary order, a domestic abuse no contact order may new text end 14.1 new text begin be issued for an offense listed in paragraph (a) or for a conviction for any offense arising new text end 14.2 new text begin out of the same set of circumstances as an offense listed in paragraph (a). new text end 14.3 new text begin (c) A no contact order under this section shall be issued in a proceeding that is new text end 14.4 new text begin separate from but held immediately following a proceeding in which any pretrial release new text end 14.5 new text begin or sentencing issues are decided. new text end 14.6     new text begin Subd. 2. new text end new text begin Criminal penalties. new text end new text begin (a) As used in this subdivision "qualified domestic new text end 14.7 new text begin violence-related offense" has the meaning given in section 609.02, subdivision 16. new text end 14.8 new text begin (b) A person who knows of the existence of a domestic abuse no contact order issued new text end 14.9 new text begin against the person and violates the order is guilty of a misdemeanor. new text end 14.10     new text begin (c) A person is guilty of a gross misdemeanor who knowingly violates this new text end 14.11 new text begin subdivision within ten years of a previous qualified domestic violence-related offense new text end 14.12 new text begin conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under new text end 14.13 new text begin this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment new text end 14.14 new text begin and must be ordered to participate in counseling or other appropriate programs selected new text end 14.15 new text begin by the court as provided in section new text end new text begin . Notwithstanding section new text end new text begin , the court new text end 14.16 new text begin must impose and execute the minimum sentence provided in this paragraph for gross new text end 14.17 new text begin misdemeanor convictions. new text end 14.18     new text begin (d) A person is guilty of a felony and may be sentenced to imprisonment for not new text end 14.19 new text begin more than five years or to payment of a fine of not more than $10,000, or both, if the new text end 14.20 new text begin person knowingly violates this subdivision: new text end 14.21 new text begin (1) within ten years of the first of two or more previous qualified domestic new text end 14.22 new text begin violence-related offense convictions or adjudications of delinquency; or new text end 14.23 new text begin (2) while possessing a dangerous weapon, as defined in section new text end new text begin 609.02, subdivision new text end 14.24 new text begin 6 new text end new text begin . Upon a felony conviction under this paragraph in which the court stays imposition or new text end 14.25 new text begin execution of sentence, the court shall impose at least a 30-day period of incarceration new text end 14.26 new text begin as a condition of probation. The court also shall order that the defendant participate in new text end 14.27 new text begin counseling or other appropriate programs selected by the court. Notwithstanding section new text end 14.28 new text begin , the court must impose and execute the minimum sentence provided in this new text end 14.29 new text begin paragraph for felony convictions. new text end 14.30     new text begin Subd. 3. new text end new text begin Warrantless custodial arrest. new text end new text begin A peace officer shall arrest without a new text end 14.31 new text begin warrant and take into custody a person whom the peace officer has probable cause to new text end 14.32 new text begin believe has violated a domestic abuse no contact order, even if the violation of the order new text end 14.33 new text begin did not take place in the presence of the peace officer, if the existence of the order can new text end 14.34 new text begin be verified by the officer. The person shall be held in custody for at least 36 hours, new text end 14.35 new text begin excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by new text end 14.36 new text begin a judge or judicial officer. A peace officer acting in good faith and exercising due care in new text end 15.1 new text begin making an arrest pursuant to this subdivision is immune from civil liability that might new text end 15.2 new text begin result from the officer's actions. new text end 15.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 15.4 new text begin committed on or after that date. new text end 15.5    Sec. 14. new text begin REVISOR'S INSTRUCTION. new text end 15.6 new text begin (a) The revisor of statutes shall make any cross-reference changes, language new text end 15.7 new text begin changes, or both, to Minnesota Statutes made necessary by section 8. new text end 15.8 new text begin (b) The revisor of statutes shall replace references to Minnesota Statutes, section new text end 15.9 new text begin 518B.01, subdivision 22, in statutes and rules with a reference to Minnesota Statutes, new text end 15.10 new text begin section 629.75. new text end 15.11    Sec. 15. new text begin REPEALER. new text end 15.12 new text begin Minnesota Statutes 2008, section 518B.01, subdivision 22, new text end new text begin is repealed. new text end 15.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to crimes new text end 15.14 new text begin committed on or after that date. new text end