HF 1067

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; requiring battered women 
  1.3             programs to coordinate services with child protection 
  1.4             agencies; authorizing service of short form 
  1.5             notification in lieu of personal service for orders 
  1.6             for protection; expanding the definition of first 
  1.7             degree murder in situations involving domestic abuse; 
  1.8             providing enhanced penalties based upon a previous 
  1.9             conviction or adjudication for malicious punishment of 
  1.10            a child and other laws; adding assault in the fifth 
  1.11            degree and domestic assault to definition of "crimes 
  1.12            of violence"; increasing the cash bail for individuals 
  1.13            charged with malicious punishment of a child; 
  1.14            clarifying when evidence of similar prior conduct of 
  1.15            an accused related to domestic abuse is admissible; 
  1.16            changing a definition in the law related to the order 
  1.17            of disposition of issues on a court's calendar; 
  1.18            providing criminal penalties; amending Minnesota 
  1.19            Statutes 1998, sections 260.133, subdivisions 1 and 2; 
  1.20            260.191, subdivision 1b; 518B.01, subdivisions 5, 6, 
  1.21            7, 8, and by adding subdivisions; 609.185; 609.224, 
  1.22            subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 
  1.23            609.342, subdivision 3; 609.343, subdivision 3; 
  1.24            609.344, subdivision 3; 609.345, subdivision 3; 
  1.25            609.377; 609.749, subdivisions 3 and 4; 611A.32, 
  1.26            subdivision 2; 611A.34, subdivision 3; 624.712, 
  1.27            subdivision 5; 626.556, subdivision 2; 626.558, 
  1.28            subdivision 1; 629.471, subdivision 3; 630.36; and 
  1.29            634.20. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1998, section 260.133, 
  1.32  subdivision 1, is amended to read: 
  1.33     Subdivision 1.  [PETITION.] The local welfare agency may 
  1.34  bring an emergency petition on behalf of minor family or 
  1.35  household members seeking relief from acts of domestic child 
  1.36  abuse.  The petition shall be brought pursuant to section 
  1.37  260.131 and shall allege the existence of or immediate and 
  2.1   present danger of domestic child abuse, and shall be accompanied 
  2.2   by an affidavit made under oath stating the specific facts and 
  2.3   circumstances from which relief is sought.  The court has 
  2.4   jurisdiction over the parties to a domestic child abuse matter 
  2.5   notwithstanding that there is a parent in the child's household 
  2.6   who is willing to enforce the court's order and accept services 
  2.7   on behalf of the family.  
  2.8      Sec. 2.  Minnesota Statutes 1998, section 260.133, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [TEMPORARY ORDER.] (a) If it appears from the 
  2.11  notarized petition or by sworn affidavit that there are 
  2.12  reasonable grounds to believe the child is in immediate and 
  2.13  present danger of domestic child abuse, the court may grant an 
  2.14  ex parte temporary order for protection, pending a full 
  2.15  hearing pursuant to section 260.135, which must be held not 
  2.16  later than 14 days after service of the ex parte order on the 
  2.17  respondent.  The court may grant relief as it deems proper, 
  2.18  including an order:  
  2.19     (1) restraining any party from committing acts of domestic 
  2.20  child abuse; or 
  2.21     (2) excluding the alleged abusing party from the dwelling 
  2.22  which the family or household members share or from the 
  2.23  residence of the child.  
  2.24     However, (b) No order excluding the alleged abusing party 
  2.25  from the dwelling may be issued unless the court finds that:  
  2.26     (1) the order is in the best interests of the child or 
  2.27  children remaining in the dwelling; and 
  2.28     (2) a parent remaining adult family or in the child's 
  2.29  household member is able to care adequately for the child or 
  2.30  children in the absence of the excluded party and to seek 
  2.31  appropriate assistance in enforcing the provisions of the order. 
  2.32     (c) Before the temporary order is issued, the local welfare 
  2.33  agency shall advise the court and the other parties who are 
  2.34  present that appropriate social services will be provided to the 
  2.35  family or household members during the effective period of the 
  2.36  order.  The petition shall identify the parent remaining in the 
  3.1   child's household under paragraph (b), clause (2). 
  3.2      An ex parte temporary order for protection shall be 
  3.3   effective for a fixed period not to exceed 14 days.  Within five 
  3.4   days of the issuance of the temporary order, the petitioner 
  3.5   shall file a petition with the court pursuant to section 
  3.6   260.131, alleging that the child is in need of protection or 
  3.7   services and the court shall give docket priority to the 
  3.8   petition.  
  3.9      The court may renew the temporary order for protection one 
  3.10  time for a fixed period not to exceed 14 days if a petition 
  3.11  alleging that the child is in need of protection or services has 
  3.12  been filed with the court and if the court determines, upon 
  3.13  informal review of the case file, that the renewal is 
  3.14  appropriate.  If the court determines that the petition states a 
  3.15  prima facie case that there are reasonable grounds to believe 
  3.16  that the child is in immediate danger of domestic child abuse or 
  3.17  child abuse without the court's order, at the hearing pursuant 
  3.18  to section 260.135, the court may continue its order issued 
  3.19  under this subdivision pending trial under section 260.155. 
  3.20     Sec. 3.  Minnesota Statutes 1998, section 260.191, 
  3.21  subdivision 1b, is amended to read: 
  3.22     Subd. 1b.  [DOMESTIC CHILD ABUSE.] (a) If the court finds 
  3.23  that the child is a victim of domestic child abuse, as defined 
  3.24  in section 260.015, subdivision 24, it may order any of the 
  3.25  following dispositions of the case in addition to or as 
  3.26  alternatives to the dispositions authorized under subdivision 1: 
  3.27     (1) restrain any party from committing acts of domestic 
  3.28  child abuse; 
  3.29     (2) exclude the abusing party from the dwelling which the 
  3.30  family or household members share or from the residence of the 
  3.31  child; 
  3.32     (3) on the same basis as is provided in chapter 518, 
  3.33  establish temporary visitation with regard to minor children of 
  3.34  the adult family or household members; 
  3.35     (4) on the same basis as is provided in chapter 518, 
  3.36  establish temporary support or maintenance for a period of 30 
  4.1   days for minor children or a spouse; 
  4.2      (5) provide counseling or other social services for the 
  4.3   family or household members; or 
  4.4      (6) order the abusing party to participate in treatment or 
  4.5   counseling services.  
  4.6      Any relief granted by the order for protection shall be for 
  4.7   a fixed period not to exceed one year.  
  4.8      However, (b) No order excluding the abusing party from the 
  4.9   dwelling may be issued unless the court finds that:  
  4.10     (1) the order is in the best interests of the child or 
  4.11  children remaining in the dwelling; 
  4.12     (2) a remaining adult family or household member is able to 
  4.13  care adequately for the child or children in the absence of the 
  4.14  excluded party; and 
  4.15     (3) the local welfare agency has developed a plan to 
  4.16  provide appropriate social services to the remaining family or 
  4.17  household members.  
  4.18     (c) Upon a finding that the remaining parent is able to 
  4.19  care adequately for the child and enforce an order excluding the 
  4.20  abusing party from the home and that the provision of supportive 
  4.21  services by the responsible social service agency is no longer 
  4.22  necessary, the responsible social service agency may be 
  4.23  dismissed as a party to the proceedings.  Orders entered 
  4.24  regarding the abusing party remain in full force and effect and 
  4.25  may be renewed by the remaining parent as necessary for the 
  4.26  continued protection of the child for specified periods of time, 
  4.27  not to exceed one year. 
  4.28     Sec. 4.  Minnesota Statutes 1998, section 518B.01, 
  4.29  subdivision 5, is amended to read: 
  4.30     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
  4.31  receipt of the petition, the court shall order a hearing which 
  4.32  shall be held not later than 14 days from the date of the 
  4.33  order.  If an ex parte order has been issued under subdivision 7 
  4.34  and a hearing requested, the time periods under subdivision 7 
  4.35  for holding a hearing apply.  Personal service shall be made 
  4.36  upon the respondent not less than five days prior to the 
  5.1   hearing, if the hearing was requested by the petitioner.  If a 
  5.2   hearing was requested by the petitioner, service may be made 
  5.3   upon the respondent at any time up to 12 hours prior to the time 
  5.4   set for the hearing.  Service upon the respondent must contain a 
  5.5   notice that, if personal service was made fewer than five days 
  5.6   before the hearing, the respondent may request a continuance of 
  5.7   up to five days by calling the court administrator's office, or 
  5.8   by appearing in court at the time of the scheduled hearing.  The 
  5.9   notice shall contain the telephone number of the court 
  5.10  administrator's office.  If the hearing was requested by the 
  5.11  respondent after issuance of an ex parte order under subdivision 
  5.12  7, service of the notice of hearing must be made upon the 
  5.13  petitioner not less than five days prior to the hearing.  The 
  5.14  court shall serve the notice of hearing upon the petitioner by 
  5.15  mail in the manner provided in the rules of civil procedure for 
  5.16  pleadings subsequent to a complaint and motions and shall also 
  5.17  mail notice of the date and time of the hearing to the 
  5.18  respondent.  In the event that service cannot be completed in 
  5.19  time to give the respondent or petitioner the minimum notice 
  5.20  required under this paragraph, the court may set a new hearing 
  5.21  date.  
  5.22     (b) Notwithstanding the provisions of paragraph (a), 
  5.23  service on the respondent may be made by one week published 
  5.24  notice, as provided under section 645.11, provided the 
  5.25  petitioner files with the court an affidavit stating that an 
  5.26  attempt at personal service made by a sheriff or other law 
  5.27  enforcement or corrections officer was unsuccessful because the 
  5.28  respondent is avoiding service by concealment or otherwise, and 
  5.29  that a copy of the petition and notice of hearing has been 
  5.30  mailed to the respondent at the respondent's residence or that 
  5.31  the residence is not known to the petitioner.  Service under 
  5.32  this paragraph is complete seven days after publication.  The 
  5.33  court shall set a new hearing date if necessary to allow the 
  5.34  respondent the five-day minimum notice required under paragraph 
  5.35  (a). 
  5.36     Sec. 5.  Minnesota Statutes 1998, section 518B.01, 
  6.1   subdivision 6, is amended to read: 
  6.2      Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  6.3   hearing, the court may provide relief as follows: 
  6.4      (1) restrain the abusing party from committing acts of 
  6.5   domestic abuse; 
  6.6      (2) exclude the abusing party from the dwelling which the 
  6.7   parties share or from the residence of the petitioner; 
  6.8      (3) exclude the abusing party from a reasonable area 
  6.9   surrounding the dwelling or residence, which area shall be 
  6.10  described specifically in the order; 
  6.11     (4) award temporary custody or establish temporary 
  6.12  visitation with regard to minor children of the parties on a 
  6.13  basis which gives primary consideration to the safety of the 
  6.14  victim and the children.  Except for cases in which custody is 
  6.15  contested, findings under section 257.025, 518.17, or 518.175 
  6.16  are not required.  If the court finds that the safety of the 
  6.17  victim or the children will be jeopardized by unsupervised or 
  6.18  unrestricted visitation, the court shall condition or restrict 
  6.19  visitation as to time, place, duration, or supervision, or deny 
  6.20  visitation entirely, as needed to guard the safety of the victim 
  6.21  and the children.  The court's decision on custody and 
  6.22  visitation shall in no way delay the issuance of an order for 
  6.23  protection granting other reliefs provided for in this section; 
  6.24     (5) on the same basis as is provided in chapter 518, 
  6.25  establish temporary support for minor children or a spouse, and 
  6.26  order the withholding of support from the income of the person 
  6.27  obligated to pay the support according to chapter 518; 
  6.28     (6) provide upon request of the petitioner counseling or 
  6.29  other social services for the parties, if married, or if there 
  6.30  are minor children; 
  6.31     (7) order the abusing party to participate in treatment or 
  6.32  counseling services; 
  6.33     (8) award temporary use and possession of property and 
  6.34  restrain one or both parties from transferring, encumbering, 
  6.35  concealing, or disposing of property except in the usual course 
  6.36  of business or for the necessities of life, and to account to 
  7.1   the court for all such transfers, encumbrances, dispositions, 
  7.2   and expenditures made after the order is served or communicated 
  7.3   to the party restrained in open court; 
  7.4      (9) exclude the abusing party from the place of employment 
  7.5   of the petitioner, or otherwise limit access to the petitioner 
  7.6   by the abusing party at the petitioner's place of employment; 
  7.7      (10) order the abusing party to pay restitution to the 
  7.8   petitioner; 
  7.9      (11) order the continuance of all currently available 
  7.10  insurance coverage without change in coverage or beneficiary 
  7.11  designation; and 
  7.12     (12) order, in its discretion, other relief as it deems 
  7.13  necessary for the protection of a family or household member, 
  7.14  including orders or directives to the sheriff, constable, or 
  7.15  other law enforcement or corrections officer as provided by this 
  7.16  section. 
  7.17     (b) Any relief granted by the order for protection shall be 
  7.18  for a fixed period not to exceed one year two years, except when 
  7.19  the court determines a longer fixed period is appropriate.  The 
  7.20  order may be reviewed annually upon the motion of the petitioner 
  7.21  or respondent or on the court's order.  The order also may be 
  7.22  modified at any time as provided in subdivision 11.  When a 
  7.23  referee presides at the hearing on the petition, the order 
  7.24  granting relief becomes effective upon the referee's signature. 
  7.25     (c) An order granting the relief authorized in paragraph 
  7.26  (a), clause (1), may not be vacated or modified in a proceeding 
  7.27  for dissolution of marriage or legal separation, except that the 
  7.28  court may hear a motion for modification of an order for 
  7.29  protection concurrently with a proceeding for dissolution of 
  7.30  marriage upon notice of motion and motion.  The notice required 
  7.31  by court rule shall not be waived.  If the proceedings are 
  7.32  consolidated and the motion to modify is granted, a separate 
  7.33  order for modification of an order for protection shall be 
  7.34  issued. 
  7.35     (d) An order granting the relief authorized in paragraph 
  7.36  (a), clause (2), is not voided by the admittance of the abusing 
  8.1   party into the dwelling from which the abusing party is excluded.
  8.2      (e) If a proceeding for dissolution of marriage or legal 
  8.3   separation is pending between the parties, the court shall 
  8.4   provide a copy of the order for protection to the court with 
  8.5   jurisdiction over the dissolution or separation proceeding for 
  8.6   inclusion in its file. 
  8.7      (f) An order for restitution issued under this subdivision 
  8.8   is enforceable as civil judgment. 
  8.9      Sec. 6.  Minnesota Statutes 1998, section 518B.01, 
  8.10  subdivision 7, is amended to read: 
  8.11     Subd. 7.  [EX PARTE ORDER.] (a) Where an application under 
  8.12  this section alleges an immediate and present danger of domestic 
  8.13  abuse, the court may grant an ex parte order for protection and 
  8.14  granting relief as the court deems proper, including an order:  
  8.15     (1) restraining the abusing party from committing acts of 
  8.16  domestic abuse; 
  8.17     (2) excluding any party from the dwelling they share or 
  8.18  from the residence of the other except by further order of the 
  8.19  court; 
  8.20     (3) excluding the abusing party from the place of 
  8.21  employment of the petitioner or otherwise limiting access to the 
  8.22  petitioner by the abusing party at the petitioner's place of 
  8.23  employment; and 
  8.24     (4) continuing all currently available insurance coverage 
  8.25  without change in coverage or beneficiary designation. 
  8.26     (b) A finding by the court that there is a basis for 
  8.27  issuing an ex parte order for protection constitutes a finding 
  8.28  that sufficient reasons exist not to require notice under 
  8.29  applicable court rules governing applications for ex parte 
  8.30  relief. 
  8.31     (c) Subject to paragraph (d), an ex parte order for 
  8.32  protection shall be effective for a fixed period set by the 
  8.33  court, as provided in subdivision 6, paragraph (b), or until 
  8.34  modified or vacated by the court pursuant to a hearing.  Upon 
  8.35  request, a full hearing, as provided by this section, shall be 
  8.36  set for not later than seven days from the issuance of the ex 
  9.1   parte order, if a hearing is requested by the petitioner, or not 
  9.2   later than ten days or earlier than eight days from receipt by 
  9.3   the court of a request for a hearing by the respondent.  Except 
  9.4   as provided in paragraph (d), the respondent shall be personally 
  9.5   served forthwith a copy of the ex parte order along with a copy 
  9.6   of the petition and, if requested by the petitioner, notice of 
  9.7   the date set for the hearing.  If the hearing was requested by 
  9.8   the petitioner, personal service of the notice of the hearing 
  9.9   may be made upon the respondent at any time up to 12 hours prior 
  9.10  to the time set for the hearing.  The service upon the 
  9.11  respondent must contain a notice that, if personal service was 
  9.12  made fewer than five days before the hearing, the respondent may 
  9.13  request a continuance of up to five days by calling the court 
  9.14  administrator's office, or by appearing in court at the time of 
  9.15  the scheduled hearing.  The notice shall contain the telephone 
  9.16  number of the court administrator's office.  Notwithstanding any 
  9.17  provision in this subdivision to the contrary, if the respondent 
  9.18  requests this continuance, the ex parte order shall stay in 
  9.19  effect until the date of the hearing.  If the petitioner does 
  9.20  not request a hearing, an order served on a respondent under 
  9.21  this subdivision must include a notice advising the respondent 
  9.22  of the right to request a hearing, must be accompanied by a form 
  9.23  that can be used by the respondent to request a hearing and must 
  9.24  include a conspicuous notice that a hearing will not be held 
  9.25  unless requested by the respondent within five days of service 
  9.26  of the order.  
  9.27     (d) Service of the ex parte order may be made by published 
  9.28  notice, as provided under subdivision 5, provided that the 
  9.29  petitioner files the affidavit required under that subdivision.  
  9.30  If personal service is not made or the affidavit is not filed 
  9.31  within 14 days of issuance of the ex parte order, the order 
  9.32  expires.  If the petitioner does not request a hearing, the 
  9.33  petition mailed to the respondent's residence, if known, must be 
  9.34  accompanied by the form for requesting a hearing and notice 
  9.35  described in paragraph (c).  Unless personal service is 
  9.36  completed, if service by published notice is not completed 
 10.1   within 28 days of issuance of the ex parte order, the order 
 10.2   expires. 
 10.3      (e) If the petitioner seeks relief under subdivision 6 
 10.4   other than the relief described in paragraph (a), the petitioner 
 10.5   must request a hearing to obtain the additional relief. 
 10.6      (f) Nothing in this subdivision affects the right of a 
 10.7   party to seek modification of an order under subdivision 11. 
 10.8      Sec. 7.  Minnesota Statutes 1998, section 518B.01, 
 10.9   subdivision 8, is amended to read: 
 10.10     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
 10.11  NOTICE.] (a) The petition and any order issued under this 
 10.12  section shall be served on the respondent personally.  In lieu 
 10.13  of personal service of an order for protection, a law 
 10.14  enforcement officer may serve a person with a short form 
 10.15  notification as provided in subdivision 8a. 
 10.16     (b) When service is made out of this state and in the 
 10.17  United States, it may be proved by the affidavit of the person 
 10.18  making the service.  When service is made outside the United 
 10.19  States, it may be proved by the affidavit of the person making 
 10.20  the service, taken before and certified by any United States 
 10.21  minister, charge d'affaires, commissioner, consul, or commercial 
 10.22  agent, or other consular or diplomatic officer of the United 
 10.23  States appointed to reside in the other country, including all 
 10.24  deputies or other representatives of the officer authorized to 
 10.25  perform their duties; or before an office authorized to 
 10.26  administer an oath with the certificate of an officer of a court 
 10.27  of record of the country in which the affidavit is taken as to 
 10.28  the identity and authority of the officer taking the affidavit.  
 10.29     (c) If personal service cannot be made, the court may order 
 10.30  service of the petition and any order issued under this section 
 10.31  by alternate means, or by publication, which publication must be 
 10.32  made as in other actions.  The application for alternate service 
 10.33  must include the last known location of the respondent; the 
 10.34  petitioner's most recent contacts with the respondent; the last 
 10.35  known location of the respondent's employment; the names and 
 10.36  locations of the respondent's parents, siblings, children, and 
 11.1   other close relatives; the names and locations of other persons 
 11.2   who are likely to know the respondent's whereabouts; and a 
 11.3   description of efforts to locate those persons. 
 11.4      The court shall consider the length of time the 
 11.5   respondent's location has been unknown, the likelihood that the 
 11.6   respondent's location will become known, the nature of the 
 11.7   relief sought, and the nature of efforts made to locate the 
 11.8   respondent.  The court shall order service by first class mail, 
 11.9   forwarding address requested, to any addresses where there is a 
 11.10  reasonable possibility that mail or information will be 
 11.11  forwarded or communicated to the respondent.  
 11.12     The court may also order publication, within or without the 
 11.13  state, but only if it might reasonably succeed in notifying the 
 11.14  respondent of the proceeding.  Service shall be deemed complete 
 11.15  14 days after mailing or 14 days after court-ordered publication.
 11.16     (d) A petition and any order issued under this section, 
 11.17  including the short form notification, must include a notice to 
 11.18  the respondent that if an order for protection is issued to 
 11.19  protect the petitioner or a child of the parties, upon request 
 11.20  of the petitioner in any visitation proceeding, the court shall 
 11.21  consider the order for protection in making a decision regarding 
 11.22  visitation.  
 11.23     Sec. 8.  Minnesota Statutes 1998, section 518B.01, is 
 11.24  amended by adding a subdivision to read: 
 11.25     Subd. 8a.  [SHORT FORM NOTIFICATION.] (a) In lieu of 
 11.26  personal service of an order for protection under subdivision 8, 
 11.27  a law enforcement officer may serve a person with a short form 
 11.28  notification.  The short form notification must include the 
 11.29  following clauses:  the respondent's name; the respondent's date 
 11.30  of birth, if known; the petitioner's name; the names of other 
 11.31  protected parties; the date and county in which the ex parte 
 11.32  order for protection or order for protection was filed; the 
 11.33  court file number; the hearing date and time, if known; the 
 11.34  conditions that apply to the respondent, either in checklist 
 11.35  form or handwritten; and the name of the judge who signed the 
 11.36  order. 
 12.1      The short form notification also shall include a notice 
 12.2   that, if the short form notification is served fewer than five 
 12.3   days before a scheduled hearing, the respondent may request a 
 12.4   continuance of up to five days by calling the court 
 12.5   administrator's office, or by appearing in court at the time of 
 12.6   the hearing.  The notice shall contain the telephone number of 
 12.7   the court administrator's office. 
 12.8      The short form notification must be in bold print in the 
 12.9   following form: 
 12.10     The order for protection is now enforceable.  You must 
 12.11  report to your nearest sheriffs office or county court to obtain 
 12.12  a copy of the order for protection.  You are subject to arrest 
 12.13  and may be charged with a misdemeanor, gross misdemeanor, or 
 12.14  felony if you violate any of the terms of the order for 
 12.15  protection or this short form notification. 
 12.16     (b) Upon verification of the identity of the respondent and 
 12.17  the existence of an unserved order for protection against the 
 12.18  respondent, a law enforcement officer may detain the respondent 
 12.19  for a reasonable time necessary to complete and serve the short 
 12.20  form notification. 
 12.21     (c) When service is made by short form notification, it may 
 12.22  be proved by the affidavit of the law enforcement officer making 
 12.23  the service. 
 12.24     (d) For service under this section only, service upon an 
 12.25  individual may occur at any time, including Sundays, and legal 
 12.26  holidays. 
 12.27     (e) The superintendent of the bureau of criminal 
 12.28  apprehension shall provide the short form notification to law 
 12.29  enforcement agencies. 
 12.30     Sec. 9.  Minnesota Statutes 1998, section 518B.01, is 
 12.31  amended by adding a subdivision to read: 
 12.32     Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
 12.33  ORDER.] (a) A domestic abuse no contact order is an order issued 
 12.34  by a court against a defendant in a criminal proceeding for 
 12.35  domestic abuse.  It includes pretrial orders before final 
 12.36  disposition of the case and probationary orders after sentencing.
 13.1      (b) A person who knows of a domestic abuse no contact order 
 13.2   issued against the person and violates the order is guilty of a 
 13.3   misdemeanor. 
 13.4      (c) A peace officer shall arrest without a warrant and take 
 13.5   into custody a person whom the peace officer has probable cause 
 13.6   to believe has violated a domestic abuse no contact order, even 
 13.7   if the violation of the order did not take place in the presence 
 13.8   of the peace officer, if the existence of the order can be 
 13.9   verified by the officer.  The person shall be held in custody 
 13.10  for at least 36 hours, excluding the day of arrest, Sundays, and 
 13.11  holidays, unless the person is released earlier by a judge or 
 13.12  judicial officer.  A peace officer acting in good faith and 
 13.13  exercising due care in making an arrest pursuant to this 
 13.14  paragraph is immune from civil liability that might result from 
 13.15  the officer's actions. 
 13.16     Sec. 10.  Minnesota Statutes 1998, section 609.185, is 
 13.17  amended to read: 
 13.18     609.185 [MURDER IN THE FIRST DEGREE.] 
 13.19     Whoever does any of the following is guilty of murder in 
 13.20  the first degree and shall be sentenced to imprisonment for life:
 13.21     (1) causes the death of a human being with premeditation 
 13.22  and with intent to effect the death of the person or of another; 
 13.23     (2) causes the death of a human being while committing or 
 13.24  attempting to commit criminal sexual conduct in the first or 
 13.25  second degree with force or violence, either upon or affecting 
 13.26  the person or another; 
 13.27     (3) causes the death of a human being with intent to effect 
 13.28  the death of the person or another, while committing or 
 13.29  attempting to commit burglary, aggravated robbery, kidnapping, 
 13.30  arson in the first or second degree, a drive-by shooting, 
 13.31  tampering with a witness in the first degree, escape from 
 13.32  custody, or any felony violation of chapter 152 involving the 
 13.33  unlawful sale of a controlled substance; 
 13.34     (4) causes the death of a peace officer or a guard employed 
 13.35  at a Minnesota state or local correctional facility, with intent 
 13.36  to effect the death of that person or another, while the peace 
 14.1   officer or guard is engaged in the performance of official 
 14.2   duties; 
 14.3      (5) causes the death of a minor while committing child 
 14.4   abuse, when the perpetrator has engaged in a past pattern of 
 14.5   child abuse upon the child and the death occurs under 
 14.6   circumstances manifesting an extreme indifference to human life; 
 14.7   or 
 14.8      (6) causes the death of a human being while committing 
 14.9   domestic abuse, when the perpetrator has engaged in a past 
 14.10  pattern of domestic abuse upon the victim or upon another family 
 14.11  or household member and the death occurs under circumstances 
 14.12  manifesting an extreme indifference to human life. 
 14.13     For purposes of clause (5), "child abuse" means an act 
 14.14  committed against a minor victim that constitutes a violation of 
 14.15  the following laws of this state or any similar laws of the 
 14.16  United States or any other state:  section 609.221; 609.222; 
 14.17  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 14.18  609.377; 609.378; or 609.713. 
 14.19     For purposes of clause (6), "domestic abuse" means an act 
 14.20  that: 
 14.21     (1) constitutes a violation of section 609.221, 609.222, 
 14.22  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 14.23  609.713, or any similar laws of the United States or any other 
 14.24  state; and 
 14.25     (2) is committed against the victim who is a family or 
 14.26  household member as defined in section 518B.01, subdivision 2, 
 14.27  paragraph (b). 
 14.28     Sec. 11.  Minnesota Statutes 1998, section 609.224, 
 14.29  subdivision 2, is amended to read: 
 14.30     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 14.31  provisions of subdivision 1 against the same victim during the 
 14.32  time period between a previous conviction or adjudication of 
 14.33  delinquency under this section, sections 609.221 to 609.2231, 
 14.34  609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
 14.35  similar law of another state, and the end of the five years 
 14.36  following discharge from sentence or disposition for that 
 15.1   conviction or adjudication, is guilty of a gross misdemeanor and 
 15.2   may be sentenced to imprisonment for not more than one year or 
 15.3   to payment of a fine of not more than $3,000, or both.  
 15.4      (b) Whoever violates the provisions of subdivision 1 within 
 15.5   two years of a previous conviction or adjudication of 
 15.6   delinquency under this section or sections 609.221 to 609.2231, 
 15.7   609.2242, 609.377, or 609.713, or any similar law of another 
 15.8   state, is guilty of a gross misdemeanor and may be sentenced to 
 15.9   imprisonment for not more than one year or to payment of a fine 
 15.10  of not more than $3,000, or both. 
 15.11     (c) A caregiver, as defined in section 609.232, who is an 
 15.12  individual and who violates the provisions of subdivision 1 
 15.13  against a vulnerable adult, as defined in section 609.232, is 
 15.14  guilty of a gross misdemeanor and may be sentenced to 
 15.15  imprisonment for not more than one year or to payment of a fine 
 15.16  of not more than $3,000, or both. 
 15.17     Sec. 12.  Minnesota Statutes 1998, section 609.224, 
 15.18  subdivision 4, is amended to read: 
 15.19     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 15.20  subdivision 1 against the same victim during the time period 
 15.21  between the first of any combination of two or more previous 
 15.22  convictions or adjudications of delinquency under this section 
 15.23  or sections 609.221 to 609.2231, 609.2242, 609.342 to 
 15.24  609.345, 609.377, or 609.713, or any similar law of another 
 15.25  state, and the end of the five years following discharge from 
 15.26  sentence or disposition for that conviction or adjudication is 
 15.27  guilty of a felony and may be sentenced to imprisonment for not 
 15.28  more than five years or payment of a fine of not more than 
 15.29  $10,000, or both. 
 15.30     (b) Whoever violates the provisions of subdivision 1 within 
 15.31  three years of the first of any combination of two or more 
 15.32  previous convictions or adjudications of delinquency under this 
 15.33  section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
 15.34  609.713, or any similar law of another state, is guilty of a 
 15.35  felony and may be sentenced to imprisonment for not more than 
 15.36  five years or to payment of a fine of not more than $10,000, or 
 16.1   both. 
 16.2      Sec. 13.  Minnesota Statutes 1998, section 609.2242, 
 16.3   subdivision 2, is amended to read: 
 16.4      Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 16.5   1 during the time period between a previous conviction or 
 16.6   adjudication of delinquency under this section or sections 
 16.7   609.221 to 609.2231, 609.224, 609.342 to 609.345, 609.377, or 
 16.8   609.713, or any similar law of another state, against a family 
 16.9   or household member as defined in section 518B.01, subdivision 
 16.10  2, and the end of the five years following discharge from 
 16.11  sentence or disposition for that conviction or adjudication is 
 16.12  guilty of a gross misdemeanor and may be sentenced to 
 16.13  imprisonment for not more than one year or to payment of a fine 
 16.14  of not more than $3,000, or both. 
 16.15     Sec. 14.  Minnesota Statutes 1998, section 609.2242, 
 16.16  subdivision 4, is amended to read: 
 16.17     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
 16.18  section or section 609.224, subdivision 1, against the same 
 16.19  victim during the time period between the first of any 
 16.20  combination of two or more previous convictions or adjudications 
 16.21  of delinquency under this section or sections 609.221 to 
 16.22  609.2231, 609.224, 609.342 to 609.345, 609.377, or 609.713, or 
 16.23  any similar law of another state and the end of the five years 
 16.24  following discharge from sentence or disposition for that 
 16.25  conviction or adjudication is guilty of a felony and may be 
 16.26  sentenced to imprisonment for not more than five years or 
 16.27  payment of a fine of not more than $10,000, or both. 
 16.28     Sec. 15.  Minnesota Statutes 1998, section 609.342, 
 16.29  subdivision 3, is amended to read: 
 16.30     Subd. 3.  [STAY.] Except when imprisonment is required 
 16.31  under section 609.109, if a person is convicted under 
 16.32  subdivision 1, clause (g), the court may stay imposition or 
 16.33  execution of the sentence if it finds that: 
 16.34     (a) a stay is in the best interest of the complainant or 
 16.35  the family unit; and 
 16.36     (b) a professional assessment indicates that the offender 
 17.1   has been accepted by and can respond to a treatment program. 
 17.2      If the court stays imposition or execution of sentence, it 
 17.3   shall include the following as conditions of probation: 
 17.4      (1) incarceration in a local jail or workhouse; 
 17.5      (2) a requirement that the offender complete a treatment 
 17.6   program; and 
 17.7      (3) a requirement that the offender have no unsupervised 
 17.8   contact with the complainant until the offender has successfully 
 17.9   completed the treatment program unless approved by the treatment 
 17.10  program and the supervising correctional agent.  
 17.11     Sec. 16.  Minnesota Statutes 1998, section 609.343, 
 17.12  subdivision 3, is amended to read: 
 17.13     Subd. 3.  [STAY.] Except when imprisonment is required 
 17.14  under section 609.109, if a person is convicted under 
 17.15  subdivision 1, clause (g), the court may stay imposition or 
 17.16  execution of the sentence if it finds that: 
 17.17     (a) a stay is in the best interest of the complainant or 
 17.18  the family unit; and 
 17.19     (b) a professional assessment indicates that the offender 
 17.20  has been accepted by and can respond to a treatment program. 
 17.21     If the court stays imposition or execution of sentence, it 
 17.22  shall include the following as conditions of probation: 
 17.23     (1) incarceration in a local jail or workhouse; 
 17.24     (2) a requirement that the offender complete a treatment 
 17.25  program; and 
 17.26     (3) a requirement that the offender have no unsupervised 
 17.27  contact with the complainant until the offender has successfully 
 17.28  completed the treatment program unless approved by the treatment 
 17.29  program and the supervising correctional agent.  
 17.30     Sec. 17.  Minnesota Statutes 1998, section 609.344, 
 17.31  subdivision 3, is amended to read: 
 17.32     Subd. 3.  [STAY.] Except when imprisonment is required 
 17.33  under section 609.109, if a person is convicted under 
 17.34  subdivision 1, clause (f), the court may stay imposition or 
 17.35  execution of the sentence if it finds that: 
 17.36     (a) a stay is in the best interest of the complainant or 
 18.1   the family unit; and 
 18.2      (b) a professional assessment indicates that the offender 
 18.3   has been accepted by and can respond to a treatment program. 
 18.4      If the court stays imposition or execution of sentence, it 
 18.5   shall include the following as conditions of probation: 
 18.6      (1) incarceration in a local jail or workhouse; 
 18.7      (2) a requirement that the offender complete a treatment 
 18.8   program; and 
 18.9      (3) a requirement that the offender have no unsupervised 
 18.10  contact with the complainant until the offender has successfully 
 18.11  completed the treatment program unless approved by the treatment 
 18.12  program and the supervising correctional agent.  
 18.13     Sec. 18.  Minnesota Statutes 1998, section 609.345, 
 18.14  subdivision 3, is amended to read: 
 18.15     Subd. 3.  [STAY.] Except when imprisonment is required 
 18.16  under section 609.109, if a person is convicted under 
 18.17  subdivision 1, clause (f), the court may stay imposition or 
 18.18  execution of the sentence if it finds that: 
 18.19     (a) a stay is in the best interest of the complainant or 
 18.20  the family unit; and 
 18.21     (b) a professional assessment indicates that the offender 
 18.22  has been accepted by and can respond to a treatment program. 
 18.23     If the court stays imposition or execution of sentence, it 
 18.24  shall include the following as conditions of probation: 
 18.25     (1) incarceration in a local jail or workhouse; 
 18.26     (2) a requirement that the offender complete a treatment 
 18.27  program; and 
 18.28     (3) a requirement that the offender have no unsupervised 
 18.29  contact with the complainant until the offender has successfully 
 18.30  completed the treatment program unless approved by the treatment 
 18.31  program and the supervising correctional agent. 
 18.32     Sec. 19.  Minnesota Statutes 1998, section 609.377, is 
 18.33  amended to read: 
 18.34     609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
 18.35     Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
 18.36  guardian, or caretaker who, by an intentional act or a series of 
 19.1   intentional acts with respect to a child, evidences unreasonable 
 19.2   force or cruel discipline that is excessive under the 
 19.3   circumstances is guilty of malicious punishment of a child and 
 19.4   may be sentenced to imprisonment for not more than one year or 
 19.5   to payment of a fine of not more than $3,000, or both as 
 19.6   provided in subdivisions 2 to 6. 
 19.7      Subd. 2.  [GROSS MISDEMEANOR.] If the punishment results in 
 19.8   less than substantial bodily harm, the person may be sentenced 
 19.9   to imprisonment for not more than one year or to payment of a 
 19.10  fine of not more than $3,000, or both. 
 19.11     Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
 19.12  provisions of subdivision 2 during the time period between a 
 19.13  previous conviction or adjudication for delinquency under this 
 19.14  section or sections 609.221 to 609.2231, 609.224, 609.2242, 
 19.15  609.342 to 609.345, or 609.713, and the end of five years 
 19.16  following discharge from sentence or disposition for that 
 19.17  conviction or adjudication may be sentenced to imprisonment for 
 19.18  not more than five years or a fine of $10,000, or both. 
 19.19     Subd. 4.  [FELONY; CHILD UNDER AGE FOUR.] If the punishment 
 19.20  is to a child under the age of four and causes bodily harm to 
 19.21  the head, eyes, neck, or otherwise causes multiple bruises to 
 19.22  the body, the person may be sentenced to imprisonment for not 
 19.23  more than five years or a fine of $10,000, or both. 
 19.24     Subd. 5.  [FELONY; SUBSTANTIAL BODILY HARM.] If the 
 19.25  punishment results in substantial bodily harm, that the person 
 19.26  may be sentenced to imprisonment for not more than five years or 
 19.27  to payment of a fine of not more than $10,000, or both. 
 19.28     Subd. 6.  [FELONY; GREAT BODILY HARM.] If the punishment 
 19.29  results in great bodily harm, that the person may be sentenced 
 19.30  to imprisonment for not more than ten years or to payment of a 
 19.31  fine of not more than $20,000, or both. 
 19.32     If the punishment is to a child under the age of four and 
 19.33  causes bodily harm to the head, eyes, neck, or otherwise causes 
 19.34  multiple bruises to the body, the person may be sentenced to 
 19.35  imprisonment for not more than five years or a fine of $10,000, 
 19.36  or both. 
 20.1      Sec. 20.  Minnesota Statutes 1998, section 609.749, 
 20.2   subdivision 3, is amended to read: 
 20.3      Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
 20.4   of the following acts is guilty of a felony: 
 20.5      (1) commits any offense described in subdivision 2 because 
 20.6   of the victim's or another's actual or perceived race, color, 
 20.7   religion, sex, sexual orientation, disability as defined in 
 20.8   section 363.01, age, or national origin; 
 20.9      (2) commits any offense described in subdivision 2 by 
 20.10  falsely impersonating another; 
 20.11     (3) commits any offense described in subdivision 2 and 
 20.12  possesses a dangerous weapon at the time of the offense; 
 20.13     (4) engages in harassing conduct harasses another, as 
 20.14  defined in subdivision 1, with intent to influence or otherwise 
 20.15  tamper with a juror or a judicial proceeding or with intent to 
 20.16  retaliate against a judicial officer, as defined in section 
 20.17  609.415, or a prosecutor, defense attorney, or officer of the 
 20.18  court, because of that person's performance of official duties 
 20.19  in connection with a judicial proceeding; or 
 20.20     (5) commits any offense described in subdivision 2 against 
 20.21  a victim under the age of 18, if the actor is more than 36 
 20.22  months older than the victim. 
 20.23     Sec. 21.  Minnesota Statutes 1998, section 609.749, 
 20.24  subdivision 4, is amended to read: 
 20.25     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 20.26  person is guilty of a felony who violates any provision of 
 20.27  subdivision 2 during the time period between a previous 
 20.28  conviction or adjudication of delinquency under this section; 
 20.29  sections 609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
 20.30  subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
 20.31  from another state and the end of the ten years following 
 20.32  discharge from sentence or disposition for that conviction or 
 20.33  adjudication. 
 20.34     Sec. 22.  Minnesota Statutes 1998, section 611A.32, 
 20.35  subdivision 2, is amended to read: 
 20.36     Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 21.1   agency may apply to the commissioner for a grant to provide 
 21.2   emergency shelter services, support services, or both, to 
 21.3   battered women and their children.  The application shall be 
 21.4   submitted in a form approved by the commissioner by rule adopted 
 21.5   under chapter 14, after consultation with the advisory council, 
 21.6   and shall include: 
 21.7      (1) a proposal for the provision of emergency shelter 
 21.8   services, support services, or both, for battered women and 
 21.9   their children; 
 21.10     (2) a proposed budget; 
 21.11     (3) evidence of an ability to integrate into the proposed 
 21.12  program the uniform method of data collection and program 
 21.13  evaluation established under sections 611A.33 and 611A.34; 
 21.14     (4) evidence of an ability to represent the interests of 
 21.15  battered women and their children to local law enforcement 
 21.16  agencies and courts, county welfare agencies, and local boards 
 21.17  or departments of health; 
 21.18     (5) evidence of an ability to do outreach to unserved and 
 21.19  underserved populations and to provide culturally and 
 21.20  linguistically appropriate services; and 
 21.21     (6) evidence of a commitment to provide for the protection 
 21.22  of children of battered women and to cooperate with the local 
 21.23  welfare agency to ensure that appropriate safety measures are in 
 21.24  place for both children and battered women; and 
 21.25     (7) any other content the commissioner may require by rule 
 21.26  adopted under chapter 14, after considering the recommendations 
 21.27  of the advisory council. 
 21.28     Programs which have been approved for grants in prior years 
 21.29  may submit materials which indicate changes in items listed in 
 21.30  clauses (1) to (6) (7), in order to qualify for renewal funding. 
 21.31  Nothing in this subdivision may be construed to require programs 
 21.32  to submit complete applications for each year of renewal funding.
 21.33     Sec. 23.  Minnesota Statutes 1998, section 611A.34, 
 21.34  subdivision 3, is amended to read: 
 21.35     Subd. 3.  [DUTIES.] The advisory council shall: 
 21.36     (1) advise the commissioner on all planning, development, 
 22.1   data collection, rulemaking, funding, and evaluation of programs 
 22.2   and services for battered women that are funded under section 
 22.3   611A.32, other than matters of a purely administrative nature; 
 22.4      (2) advise the commissioner on the adoption of rules under 
 22.5   chapter 14 governing the award of grants to ensure that funded 
 22.6   programs are consistent with section 611A.32, subdivision 1; 
 22.7      (3) recommend to the commissioner the names of five 
 22.8   applicants for the position of battered women's program 
 22.9   director; 
 22.10     (4) advise the commissioner on the rules adopted under 
 22.11  chapter 14 pursuant to section 611A.33; 
 22.12     (5) review applications received by the commissioner for 
 22.13  grants under section 611A.32 and make recommendations on the 
 22.14  awarding of grants; and 
 22.15     (6) advise the program director in the performance of 
 22.16  duties in the administration and coordination of the programs 
 22.17  funded under section 611A.32; and 
 22.18     (7) evaluate the level of cooperation and collaboration 
 22.19  between battered women's programs and local welfare agencies in 
 22.20  providing for the safety of children of battered women and make 
 22.21  recommendations to the commissioner for improving collaboration. 
 22.22     Sec. 24.  Minnesota Statutes 1998, section 624.712, 
 22.23  subdivision 5, is amended to read: 
 22.24     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 22.25  murder in the first, second, and third degrees, manslaughter in 
 22.26  the first and second degrees, aiding suicide, aiding attempted 
 22.27  suicide, felony violations of assault in the first, second, 
 22.28  third, and fourth, and fifth degrees, assaults motivated by bias 
 22.29  under section 609.2231, subdivision 4, felony-level domestic 
 22.30  assault, drive-by shootings, terroristic threats, use of drugs 
 22.31  to injure or to facilitate crime, crimes committed for the 
 22.32  benefit of a gang, commission of a crime while wearing or 
 22.33  possessing a bullet-resistant vest, simple robbery, aggravated 
 22.34  robbery, kidnapping, false imprisonment, criminal sexual conduct 
 22.35  in the first, second, third, and fourth degrees, theft of a 
 22.36  firearm, felony theft involving the intentional taking or 
 23.1   driving of a motor vehicle without the consent of the owner or 
 23.2   the authorized agent of the owner, felony theft involving the 
 23.3   taking of property from a burning, abandoned, or vacant 
 23.4   building, or from an area of destruction caused by civil 
 23.5   disaster, riot, bombing, or the proximity of battle, felony 
 23.6   theft involving the theft of a controlled substance, an 
 23.7   explosive, or an incendiary device, arson in the first and 
 23.8   second degrees, riot, burglary in the first, second, third, and 
 23.9   fourth degrees, harassment and stalking, shooting at a public 
 23.10  transit vehicle or facility, reckless use of a gun or dangerous 
 23.11  weapon, intentionally pointing a gun at or towards a human 
 23.12  being, setting a spring gun, and unlawfully owning, possessing, 
 23.13  operating a machine gun or short-barreled shotgun, and an 
 23.14  attempt to commit any of these offenses, as each of those 
 23.15  offenses is defined in chapter 609.  "Crime of violence" also 
 23.16  includes felony violations of the following:  malicious 
 23.17  punishment of a child; neglect or endangerment of a child; and 
 23.18  chapter 152. 
 23.19     Sec. 25.  Minnesota Statutes 1998, section 626.556, 
 23.20  subdivision 2, is amended to read: 
 23.21     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 23.22  following terms have the meanings given them unless the specific 
 23.23  content indicates otherwise: 
 23.24     (a) "Sexual abuse" means the subjection of a child by a 
 23.25  person responsible for the child's care, by a person who has a 
 23.26  significant relationship to the child, as defined in section 
 23.27  609.341, or by a person in a position of authority, as defined 
 23.28  in section 609.341, subdivision 10, to any act which constitutes 
 23.29  a violation of section 609.342, 609.343, 609.344, or 609.345.  
 23.30  Sexual abuse also includes any act which involves a minor which 
 23.31  constitutes a violation of sections 609.321 to 609.324 or 
 23.32  617.246.  Sexual abuse includes threatened sexual abuse.  
 23.33     (b) "Person responsible for the child's care" means (1) an 
 23.34  individual functioning within the family unit and having 
 23.35  responsibilities for the care of the child such as a parent, 
 23.36  guardian, or other person having similar care responsibilities, 
 24.1   or (2) an individual functioning outside the family unit and 
 24.2   having responsibilities for the care of the child such as a 
 24.3   teacher, school administrator, or other lawful custodian of a 
 24.4   child having either full-time or short-term care 
 24.5   responsibilities including, but not limited to, day care, 
 24.6   babysitting whether paid or unpaid, counseling, teaching, and 
 24.7   coaching.  
 24.8      (c) "Neglect" means: 
 24.9      (1) failure by a person responsible for a child's care to 
 24.10  supply a child with necessary food, clothing, shelter or medical 
 24.11  care when reasonably able to do so, failure to protect a child 
 24.12  from conditions or actions which imminently and seriously 
 24.13  endanger the child's physical or mental health when reasonably 
 24.14  able to do so, or failure to take steps to ensure that a child 
 24.15  is educated in accordance with state law. Nothing in this 
 24.16  section shall be construed to mean that a child is neglected 
 24.17  solely because the child's parent, guardian, or other person 
 24.18  responsible for the child's care in good faith selects and 
 24.19  depends upon spiritual means or prayer for treatment or care of 
 24.20  disease or remedial care of the child in lieu of medical care; 
 24.21  except that a parent, guardian, or caretaker, or a person 
 24.22  mandated to report pursuant to subdivision 3, has a duty to 
 24.23  report if a lack of medical care may cause serious danger to the 
 24.24  child's health.  This section does not impose upon persons, not 
 24.25  otherwise legally responsible for providing a child with 
 24.26  necessary food, clothing, shelter, education, or medical care, a 
 24.27  duty to provide that care. Neglect includes; 
 24.28     (2) prenatal exposure to a controlled substance, as defined 
 24.29  in section 253B.02, subdivision 2, used by the mother for a 
 24.30  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 24.31  child at birth, results of a toxicology test performed on the 
 24.32  mother at delivery or the child at birth, or medical effects or 
 24.33  developmental delays during the child's first year of life that 
 24.34  medically indicate prenatal exposure to a controlled substance.  
 24.35  Neglect also means; 
 24.36     (3) "medical neglect" as defined in section 260.015, 
 25.1   subdivision 2a, clause (5).; or 
 25.2      (4) that the parent or other person responsible for the 
 25.3   care of the child: 
 25.4      (i) engages in violent behavior that demonstrates a 
 25.5   disregard for the well-being of the child as indicated by action 
 25.6   that could reasonably result in serious physical, mental, or 
 25.7   threatened injury, or emotional damage to the child; 
 25.8      (ii) engages in repeated domestic assault that would 
 25.9   constitute a violation of section 609.2242, subdivision 2 or 4; 
 25.10     (iii) commits domestic assault that would constitute a 
 25.11  violation of section 609.2242 within sight or sound of the 
 25.12  child; or 
 25.13     (iv) subjects the child to the ongoing domestic violence by 
 25.14  the abuser in the home environment that is likely to have a 
 25.15  detrimental effect on the well-being of the child. 
 25.16     (d) "Physical abuse" means any physical or mental injury, 
 25.17  or threatened injury, inflicted by a person responsible for the 
 25.18  child's care on a child other than by accidental means, or any 
 25.19  physical or mental injury that cannot reasonably be explained by 
 25.20  the child's history of injuries, or any aversive and deprivation 
 25.21  procedures that have not been authorized under section 245.825.  
 25.22     (e) "Report" means any report received by the local welfare 
 25.23  agency, police department, or county sheriff pursuant to this 
 25.24  section. 
 25.25     (f) "Facility" means a day care facility, residential 
 25.26  facility, agency, hospital, sanitarium, or other facility or 
 25.27  institution required to be licensed pursuant to sections 144.50 
 25.28  to 144.58, 241.021, or 245A.01 to 245A.16.  
 25.29     (g) "Operator" means an operator or agency as defined in 
 25.30  section 245A.02.  
 25.31     (h) "Commissioner" means the commissioner of human services.
 25.32     (i) "Assessment" includes authority to interview the child, 
 25.33  the person or persons responsible for the child's care, the 
 25.34  alleged perpetrator, and any other person with knowledge of the 
 25.35  abuse or neglect for the purpose of gathering the facts, 
 25.36  assessing the risk to the child, and formulating a plan.  
 26.1      (j) "Practice of social services," for the purposes of 
 26.2   subdivision 3, includes but is not limited to employee 
 26.3   assistance counseling and the provision of guardian ad litem and 
 26.4   visitation expeditor services.  
 26.5      (k) "Mental injury" means an injury to the psychological 
 26.6   capacity or emotional stability of a child as evidenced by an 
 26.7   observable or substantial impairment in the child's ability to 
 26.8   function within a normal range of performance and behavior with 
 26.9   due regard to the child's culture.  
 26.10     (l) "Threatened injury" means a statement, overt act, 
 26.11  condition, or status that represents a substantial risk of 
 26.12  physical or sexual abuse or mental injury.  
 26.13     Sec. 26.  Minnesota Statutes 1998, section 626.558, 
 26.14  subdivision 1, is amended to read: 
 26.15     Subdivision 1.  [ESTABLISHMENT OF THE TEAM.] A county shall 
 26.16  establish a multidisciplinary child protection team that may 
 26.17  include, but not be limited to, the director of the local 
 26.18  welfare agency or designees, the county attorney or designees, 
 26.19  the county sheriff or designees, representatives of health and 
 26.20  education, representatives of mental health or other appropriate 
 26.21  human service or community-based agencies, and parent groups.  
 26.22  As used in this section, a "community-based agency" may include, 
 26.23  but is not limited to, schools, social service agencies, family 
 26.24  service and mental health collaboratives, early childhood and 
 26.25  family education programs, Head Start, or other agencies serving 
 26.26  children and families.  A member of the team must be designated 
 26.27  as the lead person of the team responsible for coordinating its 
 26.28  activities with battered women's programs and services. 
 26.29     Sec. 27.  Minnesota Statutes 1998, section 629.471, 
 26.30  subdivision 3, is amended to read: 
 26.31     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 26.32  518B.01, 609.224, and 609.2242, and 609.377, the maximum cash 
 26.33  bail that may be required for a person charged with a 
 26.34  misdemeanor or gross misdemeanor violation is six times the 
 26.35  highest cash fine that may be imposed for the offense. 
 26.36     Sec. 28.  Minnesota Statutes 1998, section 630.36, is 
 27.1   amended to read: 
 27.2      630.36 [ISSUES, HOW DISPOSED OF.] 
 27.3      Subdivision 1.  [ORDER.] The issues on the calendar shall 
 27.4   be disposed of in the following order, unless, upon the 
 27.5   application of either party, for good cause, the court directs 
 27.6   an indictment or complaint to be tried out of its order: 
 27.7      (1) indictments or complaints for felony, where the 
 27.8   defendant is in custody; 
 27.9      (2) indictments or complaints for misdemeanor, where the 
 27.10  defendant is in custody; 
 27.11     (3) indictments or complaints alleging child abuse, as 
 27.12  defined in subdivision 2, where the defendant is on bail; 
 27.13     (4) indictments or complaints alleging domestic assault 
 27.14  abuse, as defined in subdivision 3, where the defendant is on 
 27.15  bail; 
 27.16     (5) indictments or complaints for felony, where the 
 27.17  defendant is on bail; and 
 27.18     (6) indictments or complaints for misdemeanor, where the 
 27.19  defendant is on bail.  
 27.20     After a plea, the defendant shall be entitled to at least 
 27.21  four days to prepare for trial, if the defendant requires it.  
 27.22     Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
 27.23  "child abuse" means any an act which involves a minor victim and 
 27.24  which constitutes a violation of section 609.221, 609.222, 
 27.25  609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.324, 
 27.26  609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, 
 27.27  or 609.224 if the minor victim is a family or household member 
 27.28  of the defendant. 
 27.29     Subd. 3.  [DOMESTIC ASSAULT ABUSE DEFINED.] As used in 
 27.30  subdivision 1, "domestic assault abuse" means an assault 
 27.31  committed by the actor against a family or household member, as 
 27.32  defined has the meaning given in section 518B.01, subdivision 2. 
 27.33     Sec. 29.  Minnesota Statutes 1998, section 634.20, is 
 27.34  amended to read: 
 27.35     634.20 [EVIDENCE OF PRIOR CONDUCT.] 
 27.36     Evidence of similar prior conduct by the accused against 
 28.1   the victim of domestic abuse, as defined under section 518B.01, 
 28.2   subdivision 2, including evidence of a violation against a 
 28.3   family or household member of: 
 28.4      (1) an order for protection under section 518B.01; 
 28.5      (2) section 609.713, subdivision 1; 
 28.6      (3) a harassment restraining order under section 609.748; 
 28.7   or 
 28.8      (4) section 609.79, subdivision 1; 
 28.9   or against other family or household members, is admissible 
 28.10  unless the probative value is substantially outweighed by the 
 28.11  danger of unfair prejudice, confusion of the issue, or 
 28.12  misleading the jury, or by considerations of undue delay, waste 
 28.13  of time, or needless presentation of cumulative 
 28.14  evidence.  "Similar prior conduct" includes, but is not limited 
 28.15  to, evidence of domestic abuse, violation of an order for 
 28.16  protection under section 518B.01; violation of a harassment 
 28.17  restraining order under section 609.748; or violation of section 
 28.18  609.749 or 609.79, subdivision 1.  "Domestic abuse" and "family 
 28.19  or household members" have the meanings given under section 
 28.20  518B.01, subdivision 2. 
 28.21     Sec. 30.  [EFFECTIVE DATES.] 
 28.22     Section 4 is effective the day following final enactment.  
 28.23  Sections 7, 8, 22, 23, 24, 28, and 29 are effective August 1, 
 28.24  1999.  Sections 9 to 21 and 27 are effective August 1, 1999, and 
 28.25  apply to crimes committed on or after that date.