HF 1031

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

  1.1                          A bill for an act
  1.2             relating to domestic abuse; providing requirements for 
  1.3             family visitation centers; requiring dissolution 
  1.4             petitions to include information on orders for 
  1.5             protection; creating a presumption of supervised 
  1.6             visitation when an order for protection exists; 
  1.7             imposing standards for individuals who supervise 
  1.8             visitation; raising the penalties for first-time 
  1.9             violators and repeat violators of domestic abuse 
  1.10            orders; providing increased penalties when offense is 
  1.11            committed while possessing a dangerous weapon; making 
  1.12            a finding of domestic abuse binding on a subsequent 
  1.13            custody proceeding; funding a pilot project for a 
  1.14            combined jurisdiction family court; providing criminal 
  1.15            penalties; appropriating money; amending Minnesota 
  1.16            Statutes 1996, sections 256F.09, subdivisions 2 and 3; 
  1.17            518.10; 518.131, subdivision 8; 518.175, subdivision 
  1.18            5, and by adding a subdivision; and 518B.01, 
  1.19            subdivisions 4, 6, 8, 14, 17, and 18. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  [TITLE.] 
  1.22     This act shall be known as the "Alex and Brandon Frank 
  1.23  Child Safety Act." 
  1.24     Sec. 2.  Minnesota Statutes 1996, section 256F.09, 
  1.25  subdivision 2, is amended to read: 
  1.26     Subd. 2.  [FUNDING.] The commissioner may award grants to 
  1.27  create or maintain family visitation centers. 
  1.28     In awarding grants to maintain a family visitation center, 
  1.29  the commissioner may award a grant to a center that can 
  1.30  demonstrate a 35 percent local match, provided the center is 
  1.31  diligently exploring and pursuing all available funding options 
  1.32  in an effort to become self-sustaining, and those efforts are 
  2.1   reported to the commissioner. 
  2.2      In awarding grants to create a family visitation center, 
  2.3   the commissioner shall give priority to: 
  2.4      (1) areas of the state where no other family visitation 
  2.5   center or similar facility exists; 
  2.6      (2) applicants who demonstrate that private funding for the 
  2.7   center is available and will continue; and 
  2.8      (3) facilities that are adapted for use to care for 
  2.9   children, such as day care centers, religious institutions, 
  2.10  community centers, schools, technical colleges, parenting 
  2.11  resource centers, and child care referral services.  
  2.12     In awarding grants to create or maintain a family 
  2.13  visitation center, the commissioner shall require the proposed 
  2.14  center to meet standards developed by the commissioner to ensure 
  2.15  the safety of the custodial parent and children. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 256F.09, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
  2.19  center may provide parenting and child development classes, and 
  2.20  offer support groups to participating custodial parents and hold 
  2.21  regular classes designed to assist children who have experienced 
  2.22  domestic violence and abuse.  Each family visitation center must 
  2.23  have available an individual knowledgeable about or experienced 
  2.24  in the provision of services to battered women on its staff, its 
  2.25  board of directors, or otherwise available to it for 
  2.26  consultation. 
  2.27     Sec. 4.  Minnesota Statutes 1996, section 518.10, is 
  2.28  amended to read: 
  2.29     518.10 [REQUISITES OF PETITION.] 
  2.30     The petition for dissolution of marriage or legal 
  2.31  separation shall state and allege: 
  2.32     (a) The name and address of the petitioner and any prior or 
  2.33  other name used by the petitioner; 
  2.34     (b) The name and, if known, the address of the respondent 
  2.35  and any prior or other name used by the respondent and known to 
  2.36  the petitioner; 
  3.1      (c) The place and date of the marriage of the parties; 
  3.2      (d) In the case of a petition for dissolution, that either 
  3.3   the petitioner or the respondent or both:  
  3.4      (1) Has resided in this state for not less than 180 days 
  3.5   immediately preceding the commencement of the proceeding, or 
  3.6      (2) Has been a member of the armed services and has been 
  3.7   stationed in this state for not less than 180 days immediately 
  3.8   preceding the commencement of the proceeding, or 
  3.9      (3) Has been a domiciliary of this state for not less than 
  3.10  180 days immediately preceding the commencement of the 
  3.11  proceeding; 
  3.12     (e) The name at the time of the petition and any prior or 
  3.13  other name, age and date of birth of each living minor or 
  3.14  dependent child of the parties born before the marriage or born 
  3.15  or adopted during the marriage and a reference to, and the 
  3.16  expected date of birth of, a child of the parties conceived 
  3.17  during the marriage but not born; 
  3.18     (f) Whether or not a separate proceeding for dissolution, 
  3.19  legal separation, or custody is pending in a court in this state 
  3.20  or elsewhere; 
  3.21     (g) In the case of a petition for dissolution, that there 
  3.22  has been an irretrievable breakdown of the marriage 
  3.23  relationship; 
  3.24     (h) In the case of a petition for legal separation, that 
  3.25  there is a need for a decree of legal separation; and 
  3.26     (i) Any temporary or permanent maintenance, child support, 
  3.27  child custody, disposition of property, attorneys' fees, costs 
  3.28  and disbursements applied for without setting forth the amounts; 
  3.29  and 
  3.30     (j) Whether an order for protection under chapter 518B or a 
  3.31  similar law of another state that governs the parties or a party 
  3.32  and a minor child of the parties is in effect and, if so, the 
  3.33  district court or similar jurisdiction in which it was entered. 
  3.34     The petition shall be verified by the petitioner or 
  3.35  petitioners, and its allegations established by competent 
  3.36  evidence.  
  4.1      If a petition alleges the existence of an order for 
  4.2   protection under clause (j), the court administrator shall 
  4.3   verify the terms of the existing order and include a copy of the 
  4.4   order and any supporting affidavits and other relevant 
  4.5   documentation in the court file of the action for dissolution or 
  4.6   legal separation. 
  4.7      Sec. 5.  Minnesota Statutes 1996, section 518.131, 
  4.8   subdivision 8, is amended to read: 
  4.9      Subd. 8.  Temporary orders shall be made solely on the 
  4.10  basis of affidavits and argument of counsel except upon demand 
  4.11  by either party in a motion or responsive motion made within the 
  4.12  time limit for making and filing a responsive motion that the 
  4.13  matter be heard on oral testimony before the court, or if the 
  4.14  court in its discretion orders the taking of oral testimony.  If 
  4.15  an order for protection under chapter 518B or a similar law of 
  4.16  another state is in effect against a parent to protect the other 
  4.17  parent or a child, the court may not deny a request for 
  4.18  supervised visitation unless the parties are given the 
  4.19  opportunity to provide oral testimony. 
  4.20     Sec. 6.  Minnesota Statutes 1996, section 518.175, is 
  4.21  amended by adding a subdivision to read: 
  4.22     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
  4.23  a custodial parent requests supervised visitation under 
  4.24  subdivision 1 or 5 and an order for protection under chapter 
  4.25  518B or a similar law of another state is in effect against the 
  4.26  noncustodial parent to protect the custodial parent or the 
  4.27  child, there is a presumption that any visitation ordered will 
  4.28  be supervised. 
  4.29     (b) The state court administrator shall develop standards 
  4.30  to be met by persons who are responsible for supervising 
  4.31  visitation.  A custodial parent may challenge the 
  4.32  appropriateness of an individual chosen by the court to 
  4.33  supervise visitation. 
  4.34     Sec. 7.  Minnesota Statutes 1996, section 518.175, 
  4.35  subdivision 5, is amended to read: 
  4.36     Subd. 5.  The court shall modify an order granting or 
  5.1   denying visitation rights whenever modification would serve the 
  5.2   best interests of the child.  Except as provided in section 
  5.3   631.52, the court may not restrict visitation rights unless it 
  5.4   finds that:  
  5.5      (1) the visitation is likely to endanger the child's 
  5.6   physical or emotional health or impair the child's emotional 
  5.7   development; or 
  5.8      (2) the noncustodial parent has chronically and 
  5.9   unreasonably failed to comply with court-ordered visitation. 
  5.10     If the custodial parent makes specific allegations that 
  5.11  visitation places the custodial parent or child in danger of 
  5.12  harm, the court shall hold a hearing at the earliest possible 
  5.13  time to determine the need to modify the order granting 
  5.14  visitation rights.  Consistent with subdivision 1a, the court 
  5.15  may require a third party, including the local social services 
  5.16  agency, to supervise the visitation or may restrict a parent's 
  5.17  visitation rights if necessary to protect the custodial parent 
  5.18  or child from harm.  
  5.19     Sec. 8.  Minnesota Statutes 1996, section 518B.01, 
  5.20  subdivision 4, is amended to read: 
  5.21     Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
  5.22  action known as a petition for an order for protection in cases 
  5.23  of domestic abuse.  
  5.24     (a) A petition for relief under this section may be made by 
  5.25  any family or household member personally or by a family or 
  5.26  household member, a guardian as defined in section 524.1-201, 
  5.27  clause (20), or, if the court finds that it is in the best 
  5.28  interests of the minor, by a reputable adult age 25 or older on 
  5.29  behalf of minor family or household members.  A minor age 16 or 
  5.30  older may make a petition on the minor's own behalf against a 
  5.31  spouse or former spouse, or a person with whom the minor has a 
  5.32  child in common, if the court determines that the minor has 
  5.33  sufficient maturity and judgment and that it is in the best 
  5.34  interests of the minor. 
  5.35     (b) A petition for relief shall allege the existence of 
  5.36  domestic abuse, and shall be accompanied by an affidavit made 
  6.1   under oath stating the specific facts and circumstances from 
  6.2   which relief is sought.  
  6.3      (c) A petition for relief must state whether the petitioner 
  6.4   has ever had an order for protection in effect against the 
  6.5   respondent. 
  6.6      (d) A petition for relief must state whether there is an 
  6.7   existing order for protection in effect under this chapter 
  6.8   governing both the parties and whether there is a pending 
  6.9   lawsuit, complaint, petition or other action between the parties 
  6.10  under chapter 257, 518, 518A, 518B, or 518C.  The court 
  6.11  administrator shall verify the terms of any existing order 
  6.12  governing the parties.  The court may not delay granting relief 
  6.13  because of the existence of a pending action between the parties 
  6.14  or the necessity of verifying the terms of an existing order.  A 
  6.15  subsequent order in a separate action under this chapter may 
  6.16  modify only the provision of an existing order that grants 
  6.17  relief authorized under subdivision 6, paragraph (a), clause 
  6.18  (1).  A petition for relief may be granted, regardless of 
  6.19  whether there is a pending action between the parties.  
  6.20     (e) The court shall provide simplified forms and clerical 
  6.21  assistance to help with the writing and filing of a petition 
  6.22  under this section.  
  6.23     (f) The court shall advise a petitioner under paragraph (e) 
  6.24  of the right to file a motion and affidavit and to sue in forma 
  6.25  pauperis pursuant to section 563.01 and shall assist with the 
  6.26  writing and filing of the motion and affidavit.  
  6.27     (g) The court shall advise a petitioner under paragraph (e) 
  6.28  of the right to serve the respondent by published notice under 
  6.29  subdivision 5, paragraph (b), if the respondent is avoiding 
  6.30  personal service by concealment or otherwise, and shall assist 
  6.31  with the writing and filing of the affidavit. 
  6.32     (h) The court shall advise the petitioner of the right to 
  6.33  seek restitution under the petition for relief. 
  6.34     (i) The court shall advise the petitioner of the right to 
  6.35  request a hearing under subdivision 7, paragraph (c).  If the 
  6.36  petitioner does not request a hearing, the court shall advise 
  7.1   the petitioner that the respondent may request a hearing and 
  7.2   that notice of the hearing date and time will be provided to the 
  7.3   petitioner by mail at least five days before the hearing. 
  7.4      (j) The court shall advise the petitioner of the right to 
  7.5   request supervised visitation, as provided in section 518.175, 
  7.6   subdivision 1a. 
  7.7      Sec. 9.  Minnesota Statutes 1996, section 518B.01, 
  7.8   subdivision 6, is amended to read: 
  7.9      Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  7.10  hearing, the court may provide relief as follows: 
  7.11     (1) restrain the abusing party from committing acts of 
  7.12  domestic abuse; 
  7.13     (2) exclude the abusing party from the dwelling which the 
  7.14  parties share or from the residence of the petitioner; 
  7.15     (3) exclude the abusing party from a reasonable area 
  7.16  surrounding the dwelling or residence, which area shall be 
  7.17  described specifically in the order; 
  7.18     (4) award temporary custody or establish temporary 
  7.19  visitation with regard to minor children of the parties on a 
  7.20  basis which gives primary consideration to the safety of the 
  7.21  victim and the children.  Except for cases in which custody is 
  7.22  contested, findings under section 257.025, 518.17, or 518.175 
  7.23  are not required.  If the court finds that the safety of the 
  7.24  victim or the children will be jeopardized by unsupervised or 
  7.25  unrestricted visitation, the court shall condition or restrict 
  7.26  visitation as to time, place, duration, or supervision, or deny 
  7.27  visitation entirely, as needed to guard the safety of the victim 
  7.28  and the children.  The court's decision on custody and 
  7.29  visitation shall in no way delay the issuance of an order for 
  7.30  protection granting other reliefs provided for in this section; 
  7.31     (5) on the same basis as is provided in chapter 518, 
  7.32  establish temporary support for minor children or a spouse, and 
  7.33  order the withholding of support from the income of the person 
  7.34  obligated to pay the support according to chapter 518; 
  7.35     (6) provide upon request of the petitioner counseling or 
  7.36  other social services for the parties, if married, or if there 
  8.1   are minor children; 
  8.2      (7) order the abusing party to participate in treatment or 
  8.3   counseling services; 
  8.4      (8) award temporary use and possession of property and 
  8.5   restrain one or both parties from transferring, encumbering, 
  8.6   concealing, or disposing of property except in the usual course 
  8.7   of business or for the necessities of life, and to account to 
  8.8   the court for all such transfers, encumbrances, dispositions, 
  8.9   and expenditures made after the order is served or communicated 
  8.10  to the party restrained in open court; 
  8.11     (9) exclude the abusing party from the place of employment 
  8.12  of the petitioner, or otherwise limit access to the petitioner 
  8.13  by the abusing party at the petitioner's place of employment; 
  8.14     (10) order the abusing party to pay restitution to the 
  8.15  petitioner; 
  8.16     (11) order the continuance of all currently available 
  8.17  insurance coverage without change in coverage or beneficiary 
  8.18  designation; and 
  8.19     (12) order, in its discretion, other relief as it deems 
  8.20  necessary for the protection of a family or household member, 
  8.21  including orders or directives to the sheriff or constable, as 
  8.22  provided by this section. 
  8.23     (b) Any relief granted by the order for protection shall be 
  8.24  for a fixed period not to exceed one year, except when the court 
  8.25  determines a longer fixed period is appropriate.  When a referee 
  8.26  presides at the hearing on the petition, the order granting 
  8.27  relief becomes effective upon the referee's signature. 
  8.28     (c) An order granting the relief authorized in paragraph 
  8.29  (a), clause (1), may not be vacated or modified in a proceeding 
  8.30  for dissolution of marriage or legal separation, except that the 
  8.31  court may hear a motion for modification of an order for 
  8.32  protection concurrently with a proceeding for dissolution of 
  8.33  marriage upon notice of motion and motion.  The notice required 
  8.34  by court rule shall not be waived.  If the proceedings are 
  8.35  consolidated and the motion to modify is granted, a separate 
  8.36  order for modification of an order for protection shall be 
  9.1   issued. 
  9.2      (d) An order granting the relief authorized in paragraph 
  9.3   (a), clause (2), is not voided by the admittance of the abusing 
  9.4   party into the dwelling from which the abusing party is excluded.
  9.5      (e) If a proceeding for dissolution of marriage or legal 
  9.6   separation is pending between the parties, the court shall 
  9.7   provide a copy of the order for protection and any supporting 
  9.8   affidavits and other relevant documentation to the court with 
  9.9   jurisdiction over the dissolution or separation proceeding for 
  9.10  inclusion in its file. 
  9.11     (f) An order for restitution issued under this subdivision 
  9.12  is enforceable as civil judgment. 
  9.13     (g) Issuance of an order for protection under this chapter 
  9.14  constitutes a finding by the court that domestic abuse has 
  9.15  occurred between the parties, regardless of whether the order 
  9.16  was contested or whether it contains a specific finding with 
  9.17  respect to the existence of domestic abuse. 
  9.18     Sec. 10.  Minnesota Statutes 1996, section 518B.01, 
  9.19  subdivision 8, is amended to read: 
  9.20     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
  9.21  NOTICE.] (a) The petition and any order issued under this 
  9.22  section shall be served on the respondent personally. 
  9.23     (b) When service is made out of this state and in the 
  9.24  United States, it may be proved by the affidavit of the person 
  9.25  making the service.  When service is made outside the United 
  9.26  States, it may be proved by the affidavit of the person making 
  9.27  the service, taken before and certified by any United States 
  9.28  minister, charge d'affaires, commissioner, consul, or commercial 
  9.29  agent, or other consular or diplomatic officer of the United 
  9.30  States appointed to reside in the other country, including all 
  9.31  deputies or other representatives of the officer authorized to 
  9.32  perform their duties; or before an office authorized to 
  9.33  administer an oath with the certificate of an officer of a court 
  9.34  of record of the country in which the affidavit is taken as to 
  9.35  the identity and authority of the officer taking the affidavit.  
  9.36     (c) If personal service cannot be made, the court may order 
 10.1   service of the petition and any order issued under this section 
 10.2   by alternate means, or by publication, which publication must be 
 10.3   made as in other actions.  The application for alternate service 
 10.4   must include the last known location of the respondent; the 
 10.5   petitioner's most recent contacts with the respondent; the last 
 10.6   known location of the respondent's employment; the names and 
 10.7   locations of the respondent's parents, siblings, children, and 
 10.8   other close relatives; the names and locations of other persons 
 10.9   who are likely to know the respondent's whereabouts; and a 
 10.10  description of efforts to locate those persons. 
 10.11     The court shall consider the length of time the 
 10.12  respondent's location has been unknown, the likelihood that the 
 10.13  respondent's location will become known, the nature of the 
 10.14  relief sought, and the nature of efforts made to locate the 
 10.15  respondent.  The court shall order service by first class mail, 
 10.16  forwarding address requested, to any addresses where there is a 
 10.17  reasonable possibility that mail or information will be 
 10.18  forwarded or communicated to the respondent.  
 10.19     The court may also order publication, within or without the 
 10.20  state, but only if it might reasonably succeed in notifying the 
 10.21  respondent of the proceeding.  Service shall be deemed complete 
 10.22  14 days after mailing or 14 days after court-ordered publication.
 10.23     (d) A petition and any order issued under this section must 
 10.24  include a notice to the respondent that: 
 10.25     (1) issuance of an order for protection constitutes a 
 10.26  finding by the court that domestic abuse has occurred between 
 10.27  the parties and is binding in other proceedings involving 
 10.28  custody or visitation of a child of the parties; and 
 10.29     (2) if an order for protection is issued to protect the 
 10.30  petitioner or a child of the parties, upon request of the 
 10.31  petitioner in any visitation proceeding, the court shall presume 
 10.32  that visitation will be supervised. 
 10.33     Sec. 11.  Minnesota Statutes 1996, section 518B.01, 
 10.34  subdivision 14, is amended to read: 
 10.35     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
 10.36  Whenever an order for protection is granted pursuant to this 
 11.1   section, and the respondent or person to be restrained knows of 
 11.2   the order, violation of the order for protection is a gross 
 11.3   misdemeanor.  Upon conviction, the defendant must be sentenced 
 11.4   to a minimum of three days imprisonment and must be ordered to 
 11.5   participate in counseling or other appropriate programs selected 
 11.6   by the court.  If the court stays imposition or execution of the 
 11.7   jail sentence and the defendant refuses or fails to comply with 
 11.8   the court's treatment order, the court must impose and execute 
 11.9   the stayed jail sentence.  A person is guilty of a gross 
 11.10  misdemeanor who felony and may be sentenced to imprisonment for 
 11.11  not more than five years or to payment of a fine of not more 
 11.12  than $10,000, or both, if the person violates this paragraph: 
 11.13     (1) during the time period between a previous conviction 
 11.14  under this paragraph; sections 609.221 to 609.224; 609.2242; 
 11.15  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
 11.16  a similar law of another state and the end of the five years 
 11.17  following discharge from sentence for that conviction; or 
 11.18     (2) while possessing a dangerous weapon, as defined in 
 11.19  section 609.02, subdivision 6.  
 11.20  Upon a felony conviction under this paragraph, the defendant 
 11.21  must be sentenced to a minimum of ten days imprisonment and must 
 11.22  be ordered to participate in counseling or other appropriate 
 11.23  programs selected by the court.  Notwithstanding section 
 11.24  609.135, the court must impose and execute the minimum sentence 
 11.25  provided in this paragraph for gross misdemeanor felony 
 11.26  convictions. 
 11.27     (b) A peace officer shall arrest without a warrant and take 
 11.28  into custody a person whom the peace officer has probable cause 
 11.29  to believe has violated an order granted pursuant to this 
 11.30  section restraining the person or excluding the person from the 
 11.31  residence or the petitioner's place of employment, even if the 
 11.32  violation of the order did not take place in the presence of the 
 11.33  peace officer, if the existence of the order can be verified by 
 11.34  the officer.  The person shall be held in custody for at least 
 11.35  36 hours, excluding the day of arrest, Sundays, and holidays, 
 11.36  unless the person is released earlier by a judge or judicial 
 12.1   officer.  A peace officer acting in good faith and exercising 
 12.2   due care in making an arrest pursuant to this paragraph is 
 12.3   immune from civil liability that might result from the officer's 
 12.4   actions. 
 12.5      (c) A violation of an order for protection shall also 
 12.6   constitute contempt of court and be subject to the penalties 
 12.7   therefor.  
 12.8      (d) If the court finds that the respondent has violated an 
 12.9   order for protection and that there is reason to believe that 
 12.10  the respondent will commit a further violation of the provisions 
 12.11  of the order restraining the respondent from committing acts of 
 12.12  domestic abuse or excluding the respondent from the petitioner's 
 12.13  residence, the court may require the respondent to acknowledge 
 12.14  an obligation to comply with the order on the record.  The court 
 12.15  may require a bond sufficient to deter the respondent from 
 12.16  committing further violations of the order for protection, 
 12.17  considering the financial resources of the respondent, and not 
 12.18  to exceed $10,000.  If the respondent refuses to comply with an 
 12.19  order to acknowledge the obligation or post a bond under this 
 12.20  paragraph, the court shall commit the respondent to the county 
 12.21  jail during the term of the order for protection or until the 
 12.22  respondent complies with the order under this paragraph.  The 
 12.23  warrant must state the cause of commitment, with the sum and 
 12.24  time for which any bond is required.  If an order is issued 
 12.25  under this paragraph, the court may order the costs of the 
 12.26  contempt action, or any part of them, to be paid by the 
 12.27  respondent.  An order under this paragraph is appealable.  
 12.28     (e) Upon the filing of an affidavit by the petitioner, any 
 12.29  peace officer, or an interested party designated by the court, 
 12.30  alleging that the respondent has violated any order for 
 12.31  protection granted pursuant to this section, the court may issue 
 12.32  an order to the respondent, requiring the respondent to appear 
 12.33  and show cause within 14 days why the respondent should not be 
 12.34  found in contempt of court and punished therefor.  The hearing 
 12.35  may be held by the court in any county in which the petitioner 
 12.36  or respondent temporarily or permanently resides at the time of 
 13.1   the alleged violation.  The court also shall refer the violation 
 13.2   of the order for protection to the appropriate prosecuting 
 13.3   authority for possible prosecution under paragraph (a). 
 13.4      (f) If it is alleged that the respondent has violated an 
 13.5   order for protection issued under subdivision 6 and the court 
 13.6   finds that the order has expired between the time of the alleged 
 13.7   violation and the court's hearing on the violation, the court 
 13.8   may grant a new order for protection under subdivision 6 based 
 13.9   solely on the respondent's alleged violation of the prior order, 
 13.10  to be effective until the hearing on the alleged violation of 
 13.11  the prior order.  If the court finds that the respondent has 
 13.12  violated the prior order, the relief granted in the new order 
 13.13  for protection shall be extended for a fixed period, not to 
 13.14  exceed one year, except when the court determines a longer fixed 
 13.15  period is appropriate. 
 13.16     (g) The admittance into petitioner's dwelling of an abusing 
 13.17  party excluded from the dwelling under an order for protection 
 13.18  is not a violation by the petitioner of the order for protection.
 13.19     A peace officer is not liable under section 609.43, clause 
 13.20  (1), for a failure to perform a duty required by paragraph (b). 
 13.21     (h) When a person is convicted of violating an order for 
 13.22  protection under this section and the court determines that the 
 13.23  person used a firearm in any way during commission of the 
 13.24  violation, the court may order that the person is prohibited 
 13.25  from possessing any type of firearm for any period longer than 
 13.26  three years or for the remainder of the person's life.  A person 
 13.27  who violates this paragraph is guilty of a gross misdemeanor.  
 13.28  At the time of the conviction, the court shall inform the 
 13.29  defendant whether and for how long the defendant is prohibited 
 13.30  from possessing a firearm and that it is a gross misdemeanor to 
 13.31  violate this paragraph.  The failure of the court to provide 
 13.32  this information to a defendant does not affect the 
 13.33  applicability of the firearm possession prohibition or the gross 
 13.34  misdemeanor penalty to that defendant. 
 13.35     (i) Except as otherwise provided in paragraph (h), when a 
 13.36  person is convicted of violating an order for protection under 
 14.1   this section, the court shall inform the defendant that the 
 14.2   defendant is prohibited from possessing a pistol for three years 
 14.3   from the date of conviction and that it is a gross misdemeanor 
 14.4   offense to violate this prohibition.  The failure of the court 
 14.5   to provide this information to a defendant does not affect the 
 14.6   applicability of the pistol possession prohibition or the gross 
 14.7   misdemeanor penalty to that defendant. 
 14.8      (j) Except as otherwise provided in paragraph (h), a person 
 14.9   is not entitled to possess a pistol if the person has been 
 14.10  convicted after August 1, 1996, of violating an order for 
 14.11  protection under this section, unless three years have elapsed 
 14.12  from the date of conviction and, during that time, the person 
 14.13  has not been convicted of any other violation of this section.  
 14.14  Property rights may not be abated but access may be restricted 
 14.15  by the courts.  A person who possesses a pistol in violation of 
 14.16  this paragraph is guilty of a gross misdemeanor. 
 14.17     (k) If the court determines that a person convicted of 
 14.18  violating an order for protection under this section owns or 
 14.19  possesses a firearm and used it in any way during the commission 
 14.20  of the violation, it shall order that the firearm be summarily 
 14.21  forfeited under section 609.5316, subdivision 3. 
 14.22     Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
 14.23  subdivision 17, is amended to read: 
 14.24     Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
 14.25  custody proceeding the court may consider, but is not bound by, 
 14.26  a the finding in a proceeding under this chapter that domestic 
 14.27  abuse has occurred between the parties. 
 14.28     Sec. 13.  Minnesota Statutes 1996, section 518B.01, 
 14.29  subdivision 18, is amended to read: 
 14.30     Subd. 18.  [NOTICES.] Each order for protection granted 
 14.31  under this chapter must contain a conspicuous notice to the 
 14.32  respondent or person to be restrained that: 
 14.33     (1) violation of an order for protection is a gross 
 14.34  misdemeanor punishable by imprisonment for up to 90 days one 
 14.35  year or a fine of up to $700 $3,000, or both; or a felony 
 14.36  punishable by imprisonment for up to five years or a fine of up 
 15.1   to $10,000, or both, for repeat violators or violations 
 15.2   involving possession of a dangerous weapon; 
 15.3      (2) the respondent is forbidden to enter or stay at the 
 15.4   petitioner's residence, even if invited to do so by the 
 15.5   petitioner or any other person; in no event is the order for 
 15.6   protection voided; and 
 15.7      (3) a peace officer must arrest without warrant and take 
 15.8   into custody a person whom the peace officer has probable cause 
 15.9   to believe has violated an order for protection restraining the 
 15.10  person or excluding the person from a residence. 
 15.11     Sec. 14.  [COMBINED JURISDICTION FAMILY COURT.] 
 15.12     Subdivision 1.  [PILOT PROJECT.] (a) Notwithstanding 
 15.13  Minnesota Statutes, sections 260.031, subdivision 4, and 484.70, 
 15.14  subdivisions 6 and 7, paragraphs (d) and (e), the supreme court 
 15.15  may implement a pilot project to improve the resolution of 
 15.16  family issues, including domestic abuse, by assigning related 
 15.17  family, probate, and juvenile court matters, other than 
 15.18  delinquency proceedings, to a single judge.  The project must 
 15.19  include orders for protection and related domestic abuse issues 
 15.20  and address methods for improving continuity and consistency 
 15.21  with respect to consideration of domestic abuse issues in 
 15.22  different proceedings involving the same family or household 
 15.23  members.  The project must be established in a district that 
 15.24  does not include the metropolitan area. 
 15.25     (b) The supreme court is requested to report to the 
 15.26  legislature on the effectiveness of the pilot project in 
 15.27  resolving family issues when the project is completed or by 
 15.28  January 15, 2000, whichever is earlier. 
 15.29     Subd. 2.  [APPROPRIATION.] $....... is appropriated from 
 15.30  the general fund to the supreme court for the pilot project 
 15.31  under subdivision 1, to be available until June 30, 1999. 
 15.32     Sec. 15.  [EFFECTIVE DATE.] 
 15.33     Section 11 is effective July 1, 1997, and applies to crimes 
 15.34  committed on or after that date.