HF 184

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to harassment; creating a civil cause of 
  1.3             action for certain types of harassing conduct; 
  1.4             providing civil penalties and other civil remedies; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 611A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [611A.89] [CIVIL ACTION FOR HARASSING CONDUCT.] 
  1.9      Subdivision 1.  [DEFINITION.] As used in this section, 
  1.10  "harass" means to engage in intentional conduct in a manner that:
  1.11     (1) would cause a reasonable person under the circumstances 
  1.12  to feel frightened, threatened, oppressed, persecuted, or 
  1.13  intimidated; and 
  1.14     (2) causes this reaction on the part of the victim. 
  1.15     Subd. 2.  [CAUSE OF ACTION CREATED.] An individual has a 
  1.16  cause of action against a person who harasses the individual or 
  1.17  who violates a restraining order issued under section 609.748 
  1.18  protecting the individual.  The cause of action may be filed in 
  1.19  conciliation court. 
  1.20     Subd. 3.  [CIVIL REMEDIES.] An individual who prevails in a 
  1.21  civil action under this section is entitled to recover from the 
  1.22  defendant a civil penalty of $100 for each violation and actual 
  1.23  damages.  The remedies provided by this section are in addition 
  1.24  to any other legal or equitable remedies the aggrieved party may 
  1.25  have and are not intended to diminish or substitute for those 
  1.26  remedies or to be exclusive. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective the day following final enactment 
  2.3   and applies to causes of action arising on or after that date.