HF 2167

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/12/2025 11:38 a.m.

A bill for an act
relating to public safety; requiring courts to make release decisions regarding a
person arrested for certain domestic violence-related offenses on the record;
amending Minnesota Statutes 2024, section 629.72, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 629.72, subdivision 2, is amended to read:

Subd. 2.

Judicial review; release; bail.

(a) The judge before whom the arrested person
is brought shall review the facts surrounding the arrest and detention of a person arrested
for domestic abuse, harassing or stalking, violation of an order for protection, or violation
of a domestic abuse no contact order. The prosecutor or prosecutor's designee shall present
relevant information involving the victim's or the victim's family's account of the alleged
crime to the judge to be considered in determining the arrested person's release. In making
a decision concerning pretrial release conditions of a person arrested for domestic abuse,
harassing or stalking, violation of an order for protection, or violation of a domestic abuse
no contact order, the judge shall review the facts of the arrest and detention of the person
and determine whether: (1) release of the person poses a threat to the alleged victim, another
family or household member, or public safety; or (2) there is a substantial likelihood the
person will fail to appear at subsequent proceedings. Before releasing a person arrested for
or charged with a crime of domestic abuse, harassing or stalking, violation of an order for
protection, or violation of a domestic abuse no contact order, the judge shall make findings
on the record deleted text begin , to the extent possible, deleted text end concerning the determination made in accordance with
the factors specified in clauses (1) and (2).

(b) The judge may impose conditions of release or bail, or both, on the person to protect
the alleged victim or other family or household members and to ensure the appearance of
the person at subsequent proceedings. These conditions may include an order:

(1) enjoining the person from threatening to commit or committing acts of domestic
abuse or harassing or stalking against the alleged victim or other family or household
members or from violating an order for protection or a domestic abuse no contact order;

(2) prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise
communicating with the alleged victim, either directly or indirectly;

(3) directing the person to vacate or stay away from the home of the alleged victim and
to stay away from any other location where the alleged victim is likely to be;

(4) prohibiting the person from possessing a firearm or other weapon specified by the
court;

(5) prohibiting the person from possessing or consuming alcohol or controlled substances;
and

(6) specifying any other matter required to protect the safety of the alleged victim and
to ensure the appearance of the person at subsequent proceedings.

(c) If conditions of release are imposed, the judge shall issue a written order for
conditional release. The court administrator shall immediately distribute a copy of the order
for conditional release to the agency having custody of the arrested person and shall provide
the agency having custody of the arrested person with any available information on the
location of the victim in a manner that protects the victim's safety. Either the court or its
designee or the agency having custody of the arrested person shall serve upon the defendant
a copy of the order. Failure to serve the arrested person with a copy of the order for
conditional release does not invalidate the conditions of release.

(d) If the judge imposes as a condition of release a requirement that the person have no
contact with the alleged victim, the judge may also, on its own motion or that of the
prosecutor or on request of the victim, issue an ex parte temporary restraining order under
section 609.748, subdivision 4, or an ex parte temporary order for protection under section
518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph (b), or
609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant
is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant
is entitled to a full hearing on the restraining order under section 609.748, subdivision 5, or
on the order for protection under section 518B.01. The hearing must be held within seven
days of the defendant's request.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to pretrial
release decisions made on or after that date.
new text end