HF 113

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 03:58pm

A bill for an act
relating to domestic violence; enacting the Uniform Recognition and Enforcement
of Canadian Orders for Protection Act; amending Minnesota Statutes 2020, section
518B.01, subdivisions 14, 19a; proposing coding for new law as Minnesota Statutes,
chapter 518F.

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

ARTICLE 1

UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN ORDERS
FOR PROTECTION ACT

Section 1.

new text begin [518F.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Uniform Recognition and Enforcement of Canadian
Orders for Protection Act."
new text end

Sec. 2.

new text begin [518F.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For the purposes of this chapter, the following terms have the
meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Canadian order for protection. new text end

new text begin "Canadian order for protection" means a civil
protection order, judgment or part of a judgment, or other order issued in a civil proceeding
by a court of Canada under law of the issuing jurisdiction that relates to domestic abuse,
would be a protective order under this chapter, and prohibits a respondent from:
new text end

new text begin (1) committing acts of domestic abuse;
new text end

new text begin (2) being in physical proximity to a protected individual or following a protected
individual;
new text end

new text begin (3) having contact with the petitioner whether in person, by telephone, mail, or e-mail
or messaging, through a third party, or by any other means;
new text end

new text begin (4) being within a certain distance of a specified place or location associated with a
protected individual; or
new text end

new text begin (5) molesting, annoying, harassing, or engaging in threatening conduct directed at a
protected individual.
new text end

new text begin Subd. 3. new text end

new text begin Domestic abuse. new text end

new text begin "Domestic abuse" has the meaning given in section 518B.01,
subdivision 2, paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Issuing court. new text end

new text begin "Issuing court" means the court that issues a Canadian order for
protection.
new text end

new text begin Subd. 5. new text end

new text begin Order for protection. new text end

new text begin "Order for protection" means an order issued under
section 518B.01.
new text end

new text begin Subd. 6. new text end

new text begin Peace officer. new text end

new text begin "Peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin Subd. 7. new text end

new text begin Person. new text end

new text begin "Person" means an individual, estate, business or nonprofit entity,
public corporation, government or governmental subdivision, agency, or instrumentality,
or other legal entity.
new text end

new text begin Subd. 8. new text end

new text begin Protected individual. new text end

new text begin "Protected individual" means an individual protected
by a Canadian order for protection.
new text end

new text begin Subd. 9. new text end

new text begin Record. new text end

new text begin "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin Subd. 10. new text end

new text begin Respondent. new text end

new text begin "Respondent" means an individual against whom a Canadian
order for protection is issued.
new text end

Sec. 3.

new text begin [518F.03] ENFORCEMENT OF CANADIAN ORDERS FOR PROTECTION
BY PEACE OFFICER.
new text end

new text begin (a) If a peace officer determines under paragraph (b) or (c) that there is probable cause
to believe that a valid Canadian order for protection exists and that the order has been
violated, the officer shall enforce the terms of the Canadian order for protection as if the
terms were in an order issued by a court in this state. Presentation to a peace officer of a
certified copy of a Canadian order for protection is not required for enforcement. A peace
officer who has probable cause to believe that an order exists and has been violated shall
make an arrest for a violation of the order in the same manner that a peace officer would
make an arrest for a violation of a protective order issued within this state.
new text end

new text begin (b) Presentation to a peace officer of a record of a Canadian order for protection that
identifies both a protected individual and a respondent and on its face is in effect constitutes
probable cause to believe that a valid order exists.
new text end

new text begin (c) If a record of a Canadian order for protection is not presented as provided in paragraph
(b), a peace officer may consider other information in determining whether there is probable
cause to believe that a valid Canadian order for protection exists.
new text end

new text begin (d) If a peace officer determines that an otherwise valid Canadian order for protection
cannot be enforced because the respondent has not been notified of or served with the order,
the officer shall notify the protected individual that the officer will make reasonable efforts
to contact the respondent, consistent with the safety of the protected individual. After notice
to the protected individual and consistent with the safety of the individual, the officer shall
make a reasonable effort to inform the respondent of the order, notify the respondent of the
terms of the order, provide a record of the order, if available, to the respondent, and allow
the respondent a reasonable opportunity to comply with the order before the officer enforces
the order. The provisions of section 518B.01, subdivisions 8 and 9a, apply to service of a
Canadian order for protection by a peace officer.
new text end

new text begin (e) If a peace officer determines that an individual is a protected individual, the officer
shall inform the individual of available local victim services.
new text end

Sec. 4.

new text begin [518F.04] ENFORCEMENT OF CANADIAN ORDER FOR PROTECTION
BY COURT.
new text end

new text begin (a) A court may issue an order enforcing or refusing to enforce a Canadian order for
protection on application of:
new text end

new text begin (1) a person authorized by law of this state other than this chapter to seek enforcement
of an order for protection; or
new text end

new text begin (2) a respondent.
new text end

new text begin (b) In a proceeding under paragraph (a), the court shall follow the procedures of this
state for enforcement of an order for protection. An order entered under this section is limited
to the enforcement of the terms of the Canadian order for protection.
new text end

new text begin (c) A Canadian order for protection is enforceable under this section if:
new text end

new text begin (1) the order states the name of the protected individual and the individual against whom
enforcement is sought;
new text end

new text begin (2) the order has not expired;
new text end

new text begin (3) the order was issued by a court or tribunal that had jurisdiction over the parties and
subject matter under the law of the foreign jurisdiction; and
new text end

new text begin (4) the order was issued in accordance with the respondent's due process rights, either
after the respondent was provided with reasonable notice and an opportunity to be heard
before the court or tribunal that issued the order, or in the case of an ex parte order, the
respondent was granted notice and an opportunity to be heard within a reasonable time after
the order was issued.
new text end

new text begin (d) A Canadian order for protection on its face is prima facie evidence of its enforceability
under this section.
new text end

new text begin (e) A person claiming that a Canadian order for protection is not enforceable has the
burden to show, by a preponderance of the evidence, that the requirements under paragraph
(c) were not met. If the court determines that the order is not enforceable, the court shall
issue an order that the Canadian order for protection is not enforceable under this section
and section 518F.03 and may not be registered under section 518F.05.
new text end

new text begin (f) This section applies to enforcement of a provision of a Canadian order for protection
against a party to the order in which each party is a protected individual and respondent
only if:
new text end

new text begin (1) the party seeking enforcement of the order filed a pleading requesting the order from
the issuing court; and
new text end

new text begin (2) the court made specific findings that entitled the party to the enforcement sought.
new text end

new text begin (g) A person who violates a valid Canadian order for protection is subject to the penalties
provided in section 518B.01, subdivision 14, paragraphs (b) to (d).
new text end

Sec. 5.

new text begin [518F.05] REGISTRATION OF CANADIAN ORDER FOR PROTECTION.
new text end

new text begin (a) An individual may register a Canadian order for protection in this state under section
518B.01, subdivision 19a.
new text end

new text begin (b) Registration in this state or filing under law of this state other than this chapter of a
Canadian order for protection is not required for its enforcement under this chapter.
new text end

Sec. 6.

new text begin [518F.06] IMMUNITY.
new text end

new text begin The state, state agency, local governmental agency, peace officer, prosecuting attorney,
court administrator, and state or local governmental official acting in an official capacity
are immune from civil and criminal liability for an act or omission arising out of the
registration or enforcement of a Canadian order for protection or the detention or arrest of
an alleged violator of a Canadian order for protection if the act or omission was a good faith
effort to comply with this chapter.
new text end

Sec. 7.

new text begin [518F.07] OTHER REMEDIES.
new text end

new text begin An individual who seeks a remedy under this chapter may seek other legal or equitable
remedies.
new text end

Sec. 8.

new text begin [518F.09] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
7001(c), or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 9.

new text begin [518F.10] TRANSITION.
new text end

new text begin This chapter applies to a Canadian order for protection issued before, on, or after the
effective date of this chapter and to a continuing action for enforcement of a Canadian order
for protection commenced before, on, or after the effective date of this chapter. A request
for enforcement of a Canadian order for protection made on or after the effective date of
this chapter for a violation of the order occurring before, on, or after the effective date of
this chapter is governed by this chapter.
new text end

Sec. 10.

new text begin [518F.11] SEVERABILITY.
new text end

new text begin If any provision of this chapter or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions
of this chapter are severable.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2020, section 518B.01, subdivision 14, is amended to read:

Subd. 14.

Violation of an order for protection.

(a) A person who violates an order for
protection issued by a judge or referee is subject to the penalties provided in paragraphs (b)
to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
protection is granted by a judge or referee or pursuant to a similar law of another state, the
United States, the District of Columbia, tribal lands, deleted text begin or deleted text end United States territories, new text begin Canada,
or a Canadian province, new text end and the respondent or person to be restrained knows of the existence
of the order, violation of the order for protection is a misdemeanor. Upon a misdemeanor
conviction under this paragraph, the defendant must be sentenced to a minimum of three
days imprisonment and must be ordered to participate in counseling or other appropriate
programs selected by the court. If the court stays imposition or execution of the jail sentence
and the defendant refuses or fails to comply with the court's treatment order, the court must
impose and execute the stayed jail sentence. A violation of an order for protection shall also
constitute contempt of court and be subject to the penalties provided in chapter 588.

(c) A person is guilty of a gross misdemeanor who violates this subdivision within ten
years of a previous qualified domestic violence-related offense conviction or adjudication
of delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant
must be sentenced to a minimum of ten days imprisonment and must be ordered to participate
in counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this paragraph
for gross misdemeanor convictions.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person
violates this subdivision:

(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency; or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration as a
condition of probation. The court also shall order that the defendant participate in counseling
or other appropriate programs selected by the court. Notwithstanding section 609.135, the
court must impose and execute the minimum sentence provided in this paragraph for felony
convictions.

(e) A peace officer shall arrest without a warrant and take into custody a person whom
the peace officer has probable cause to believe has violated an order granted pursuant to
this section or a similar law of another state, the United States, the District of Columbia,
tribal lands, deleted text begin or deleted text end United States territories new text begin , Canada, or a Canadian province new text end restraining the
person or excluding the person from the residence or the petitioner's place of employment,
even if the violation of the order did not take place in the presence of the peace officer, if
the existence of the order can be verified by the officer. The probable cause required under
this paragraph includes probable cause that the person knows of the existence of the order.
If the order has not been served, the officer shall immediately serve the order whenever
reasonably safe and possible to do so. An order for purposes of this subdivision, includes
the short-form order described in subdivision 8a. When the order is first served upon the
person at a location at which, under the terms of the order, the person's presence constitutes
a violation, the person shall not be arrested for violation of the order without first being
given a reasonable opportunity to leave the location in the presence of the peace officer. A
person arrested under this paragraph shall be held in custody for at least 36 hours, excluding
the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or
judicial officer. A peace officer acting in good faith and exercising due care in making an
arrest pursuant to this paragraph is immune from civil liability that might result from the
officer's actions.

(f) If the court finds that the respondent has violated an order for protection and that
there is reason to believe that the respondent will commit a further violation of the provisions
of the order restraining the respondent from committing acts of domestic abuse or excluding
the respondent from the petitioner's residence, the court may require the respondent to
acknowledge an obligation to comply with the order on the record. The court may require
a bond sufficient to deter the respondent from committing further violations of the order
for protection, considering the financial resources of the respondent, and not to exceed
$10,000. If the respondent refuses to comply with an order to acknowledge the obligation
or post a bond under this paragraph, the court shall commit the respondent to the county
jail during the term of the order for protection or until the respondent complies with the
order under this paragraph. The warrant must state the cause of commitment, with the sum
and time for which any bond is required. If an order is issued under this paragraph, the court
may order the costs of the contempt action, or any part of them, to be paid by the respondent.
An order under this paragraph is appealable.

(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated any order for
protection granted pursuant to this section or a similar law of another state, the United States,
the District of Columbia, tribal lands, deleted text begin or deleted text end United States territories, new text begin Canada, or a Canadian
province, new text end the court may issue an order to the respondent, requiring the respondent to appear
and show cause within 14 days why the respondent should not be found in contempt of
court and punished therefor. The hearing may be held by the court in any county in which
the petitioner or respondent temporarily or permanently resides at the time of the alleged
violation, or in the county in which the alleged violation occurred, if the petitioner and
respondent do not reside in this state. The court also shall refer the violation of the order
for protection to the appropriate prosecuting authority for possible prosecution under
paragraph (b), (c), or (d).

(h) If it is alleged that the respondent has violated an order for protection issued under
subdivision 6 or a similar law of another state, the United States, the District of Columbia,
tribal lands, deleted text begin or deleted text end United States territories, new text begin Canada, or Canadian province, new text end and the court finds
that the order has expired between the time of the alleged violation and the court's hearing
on the violation, the court may grant a new order for protection under subdivision 6 based
solely on the respondent's alleged violation of the prior order, to be effective until the hearing
on the alleged violation of the prior order. If the court finds that the respondent has violated
the prior order, the relief granted in the new order for protection shall be extended for a
fixed period, not to exceed one year, except when the court determines a longer fixed period
is appropriate.

(i) The admittance into petitioner's dwelling of an abusing party excluded from the
dwelling under an order for protection is not a violation by the petitioner of the order for
protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a
duty required by paragraph (e).

(j) When a person is convicted under paragraph (b) or (c) of violating an order for
protection and the court determines that the person used a firearm in any way during
commission of the violation, the court may order that the person is prohibited from possessing
any type of firearm for any period longer than three years or for the remainder of the person's
life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of
the conviction, the court shall inform the defendant whether and for how long the defendant
is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
that defendant.

(k) Except as otherwise provided in paragraph (j), when a person is convicted under
paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant
that the defendant is prohibited from possessing a pistol for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
of the court to provide this information to a defendant does not affect the applicability of
the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a
pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996, of
violating an order for protection, unless three years have elapsed from the date of conviction
and, during that time, the person has not been convicted of any other violation of this section.
Property rights may not be abated but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(m) If the court determines that a person convicted under paragraph (b) or (c) of violating
an order for protection owns or possesses a firearm and used it in any way during the
commission of the violation, it shall order that the firearm be summarily forfeited under
section 609.5316, subdivision 3.

Sec. 2.

Minnesota Statutes 2020, section 518B.01, subdivision 19a, is amended to read:

Subd. 19a.

Entry and enforcement of foreign protective orders.

(a) As used in this
subdivision, "foreign protective order" means an order for protection entered by a court of
another state; an order by an Indian tribe or United States territory that would be a protective
order entered under this chapter; new text begin a Canadian order for protection as defined in section
518F.02; new text end a temporary or permanent order or protective order to exclude a respondent from
a dwelling; or an order that establishes conditions of release or is a protective order or
sentencing order in a criminal prosecution arising from a domestic abuse assault if it had
been entered in Minnesota.

(b) A person for whom a foreign protection order has been issued or the issuing court
or tribunal may provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the order was entered may
be present, for filing and entering of the same into the state order for protection database.

(c) The court administrator shall file and enter foreign protective orders that are not
certified or authenticated, if supported by an affidavit of a person with personal knowledge,
subject to the penalties for perjury. The person protected by the order may provide this
affidavit.

(d) The court administrator shall provide copies of the order as required by this section.

(e) A valid foreign protective order has the same effect and shall be enforced in the same
manner as an order for protection issued in this state whether or not filed with a court
administrator or otherwise entered in the state order for protection database.

(f) A foreign protective order is presumed valid if it meets all of the following:

(1) the order states the name of the protected individual and the individual against whom
enforcement is sought;

(2) the order has not expired;

(3) the order was issued by a court or tribunal that had jurisdiction over the parties and
subject matter under the law of the foreign jurisdiction; and

(4) the order was issued in accordance with the respondent's due process rights, either
after the respondent was provided with reasonable notice and an opportunity to be heard
before the court or tribunal that issued the order, or in the case of an ex parte order, the
respondent was granted notice and an opportunity to be heard within a reasonable time after
the order was issued.

(g) Proof that a foreign protective order failed to meet all of the factors listed in paragraph
(f) is an affirmative defense in any action seeking enforcement of the order.

(h) A peace officer shall treat a foreign protective order as a valid legal document and
shall make an arrest for a violation of the foreign protective order in the same manner that
a peace officer would make an arrest for a violation of a protective order issued within this
state.

(i) The fact that a foreign protective order has not been filed with the court administrator
or otherwise entered into the state order for protection database shall not be grounds to
refuse to enforce the terms of the order unless it is apparent to the officer that the order is
invalid on its face.

(j) A peace officer acting reasonably and in good faith in connection with the enforcement
of a foreign protective order is immune from civil and criminal liability in any action arising
in connection with the enforcement.

(k) Filing and service costs in connection with foreign protective orders are waived.