SF 4257

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 09:01 a.m.

A bill for an act
relating to public safety; authorizing a victim of domestic violence to petition a
court for an order releasing the victim from a shared wireless plan; amending
Minnesota Statutes 2024, section 518B.01, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 518B.

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

Section 1.

Minnesota Statutes 2024, section 518B.01, subdivision 6, is amended to read:

Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide relief as
follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to minor
children of the parties on a basis which gives primary consideration to the safety of the
victim and the children. In addition to the primary safety considerations, the court may
consider particular best interest factors that are found to be relevant to the temporary custody
and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by the court. If
the court finds that the safety of the victim or the children will be jeopardized by unsupervised
or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
of the victim and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under section 518.1705 as part of an
action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
for minor children or a spouse, and order the withholding of support from the income of
the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services, including
requiring the abusing party to successfully complete a domestic abuse counseling program
or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to the court for all such transfers,
encumbrances, dispositions, and expenditures made after the order is served or communicated
to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or otherwise
limit access to the petitioner by the abusing party at the petitioner's place of employment;

(10) order the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, or electronic mail or messaging, through a third party, or by any other
means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without change
in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of a
family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
deleted text begin and
deleted text end

(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person new text begin ; and
new text end

new text begin (16) if requested by the petitioner, issue a separate order under section 518B.03 new text end .

(b) Any relief granted by the order for protection shall be for a period not to exceed two
years, except when the court determines a longer period is appropriate. When a referee
presides at the hearing on the petition, the order granting relief becomes effective upon the
referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
or modified in a proceeding for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil judgment.

(g) An order granting relief shall prohibit the abusing party from possessing firearms
for the length the order is in effect if the order (1) restrains the abusing party from harassing,
stalking, or threatening the petitioner or restrains the abusing party from engaging in other
conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
a finding that the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
physical force against the petitioner. The order shall inform the abusing party of that party's
prohibited status. Except as provided in paragraph (i), the court shall order the abusing party
to transfer any firearms that the person possesses, within three business days, to a federally
licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. An abusing party may not transfer firearms to a third party who resides
with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
firearms dealer or law enforcement agency may charge the abusing party a reasonable fee
to store the person's firearms and may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified via certified mail prior to disposal
of abandoned firearms. For temporary firearms transfers under this paragraph, a law
enforcement agency, federally licensed firearms dealer, or third party shall exercise due
care to preserve the quality and function of the transferred firearms and shall return the
transferred firearms to the person upon request after the expiration of the prohibiting time
period, provided the person is not otherwise prohibited from possessing firearms under state
or federal law. The return of temporarily transferred firearms to an abusing party shall
comply with state and federal law. If an abusing party permanently transfers the abusing
party's firearms to a law enforcement agency, the agency is not required to compensate the
abusing party and may charge the abusing party a reasonable processing fee. A law
enforcement agency is not required to accept an abusing party's firearm under this paragraph.

(h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.

(i) When a court issues an order containing a firearms restriction provided for in paragraph
(g), the court shall determine by a preponderance of evidence if an abusing party poses an
imminent risk of causing another person substantial bodily harm. Upon a finding of imminent
risk, the court shall order that the local law enforcement agency take immediate possession
of all firearms in the abusing party's possession. The local law enforcement agency shall
exercise due care to preserve the quality and function of the abusing party's firearms and
shall return the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The local law enforcement agency shall, upon written notice from the
abusing party, transfer the firearms to a federally licensed firearms dealer or a third party
who may lawfully receive them. Before a local law enforcement agency transfers a firearm
under this paragraph, the agency shall require the third party or federally licensed firearms
dealer receiving the firearm to submit an affidavit or proof of transfer that complies with
the requirements for affidavits or proofs of transfer established in paragraph (h). The agency
shall file all affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer
from the abusing party. If the law enforcement agency does not receive written notice from
the abusing party within three business days, the agency may charge a reasonable fee to
store the abusing party's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided such policies require that the abusing party be
notified via certified mail prior to disposal of abandoned firearms.

Sec. 2.

new text begin [518B.03] TRANSFER OR RELEASE OF DOMESTIC ABUSE VICTIMS
FROM SHARED WIRELESS PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The remedy in this section applies if the respondent and
petitioner or a protected party subject to an order for protection under section 518B.01 share
a wireless plan and the respondent is the account holder.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section the following terms have the
meanings given.
new text end

new text begin (b) "Wireless telecommunications service" has the same meaning as "commercial mobile
radio service" as defined in Code of Federal Regulations, title 47, section 20.3.
new text end

new text begin (c) "Wireless telecommunications service provider" means a provider of wireless
telecommunications service.
new text end

new text begin Subd. 3. new text end

new text begin Court order; account transfer or release. new text end

new text begin (a) If the petitioner is the protected
party named in an order for protection granted under this chapter, a court may issue an order
requiring a wireless telecommunications service provider, without charge, penalty, or fee,
to:
new text end

new text begin (1) transfer the billing authority and all rights to the wireless telephone number or
numbers of a shared wireless plan to the petitioner; or
new text end

new text begin (2) remove or release the petitioner from a shared wireless plan and assign a substitute
telephone number or numbers.
new text end

new text begin (b) If the petitioner is not the protected party named in an order for protection granted
under this chapter, a court may issue an order requiring a wireless telecommunications
service provider, without charge, penalty, or fee, to:
new text end

new text begin (1) transfer the billing authority and rights to the wireless telephone number or numbers
of a shared wireless plan:
new text end

new text begin (i) if the protected party is a minor, to a parent or legal guardian of the minor other than
the respondent; or
new text end

new text begin (ii) if the protected party is not a minor, to another person who shall serve as the account
holder with the protected party's approval; or
new text end

new text begin (2) remove or release the protected party from a shared wireless plan and assign a
substitute telephone number or numbers and:
new text end

new text begin (i) if the protected party is a minor, order the parent or legal guardian of the minor, other
than the respondent, to be the account holder for the substitute telephone number or numbers;
or
new text end

new text begin (ii) if the protected party is not a minor, order another person, with the protected party's
approval, to be the account holder for the substitute telephone number or numbers.
new text end

new text begin (c) At a protected party's request, the court may order a wireless telecommunications
service provider to transfer without charge, penalty, or fee any and all devices associated
with the petitioner or protected party's phone number to a substitute telephone number or
numbers.
new text end

new text begin Subd. 4. new text end

new text begin Separate order; content. new text end

new text begin (a) The order issued pursuant to subdivision 3 must
be a separate order from one issued under section 518B.01 that is directed to the wireless
telecommunications service provider, but may be addressed in the same proceeding for an
order under section 518B.01 or in a separate proceeding after an order under section 518B.01
is issued.
new text end

new text begin (b) The order shall list the name and billing telephone number of the account holder,
the name of the person to whom the telephone number or numbers are to be transferred,
and each telephone number to be transferred.
new text end

new text begin Subd. 5. new text end

new text begin Filing fee. new text end

new text begin The filing fees for an order under this section are waived.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin A hearing for an order under this section is not required unless the
court declines to issue the requested relief or the petitioner requests a hearing. A hearing
may be held concurrently with a hearing under section 518B.01 upon the petitioner's request
and if the court deems it appropriate.
new text end

new text begin Subd. 7. new text end

new text begin Deadline to transfer. new text end

new text begin Upon receipt of an order issued under this section, a
wireless telecommunications service provider must abide by the terms of the order by the
end of the following billing cycle.
new text end

new text begin Subd. 8. new text end

new text begin Confidentiality. new text end

new text begin A wireless telecommunications service provider must treat
an order and any supporting information received under this section as confidential and
must not disclose the order or the information, except to the extent necessary to comply
with the order.
new text end

new text begin Subd. 9. new text end

new text begin Unpaid balance. new text end

new text begin (a) A person who is the account holder before an order is
issued under this section remains liable for an unpaid balance incurred before an account
is transferred pursuant to an order issued under this section.
new text end

new text begin (b) A wireless telecommunications service provider must provide the petitioner or
protected party with a partitioned telephone line and additional time to pay off the outstanding
balance.
new text end

new text begin Subd. 10. new text end

new text begin Immunity. new text end

new text begin A cause of action shall not lie against a wireless telecommunications
service provider or its officers, employees, or agents for the actions taken that are related
to the transfer of the billing authority and rights to the wireless telephone number or numbers
in accordance with the terms of a court order issued pursuant to this section.
new text end