HF 1202

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing the penalties 
  1.3             for violation of a harassment restraining order; 
  1.4             imposing criminal penalties; amending Minnesota 
  1.5             Statutes 1996, section 609.748, subdivision 6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.748, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
  1.10  temporary restraining order or a restraining order is granted 
  1.11  under this section and the respondent knows of the order, 
  1.12  violation of the order is a gross misdemeanor.  A person is 
  1.13  guilty of a gross misdemeanor who felony and may be sentenced to 
  1.14  imprisonment for not more than five years or to payment of a 
  1.15  fine of not more than $10,000, or both, if the person knowingly 
  1.16  violates the order during the time period between a previous 
  1.17  conviction under this subdivision; sections 609.221 to 609.2242; 
  1.18  518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 
  1.19  609.749; and the end of the five years following discharge from 
  1.20  sentence for that conviction.  A person is guilty of a felony 
  1.21  and may be sentenced to imprisonment for not more than five 
  1.22  years or to payment of a fine of not more than $10,000, or both, 
  1.23  if the person knowingly violates the order: 
  1.24     (1) because of the victim's or another's actual or 
  1.25  perceived race, color, religion, sex, sexual orientation, 
  2.1   disability, as defined in section 363.01, age, or national 
  2.2   origin; 
  2.3      (2) by falsely impersonating another; 
  2.4      (3) while possessing a dangerous weapon; 
  2.5      (4) with intent to influence or otherwise tamper with a 
  2.6   juror or a judicial proceeding or with intent to retaliate 
  2.7   against a judicial officer, as defined in section 609.415, or a 
  2.8   prosecutor, defense attorney, or officer of the court because of 
  2.9   that person's performance of official duties in connection with 
  2.10  a judicial proceeding; or 
  2.11     (5) against a victim under the age of 18, if the respondent 
  2.12  is more than 36 months older than the victim. 
  2.13     (b) A peace officer shall arrest without a warrant and take 
  2.14  into custody a person whom the peace officer has probable cause 
  2.15  to believe has violated an order issued under subdivision 4 or 5 
  2.16  if the existence of the order can be verified by the officer.  
  2.17     (c) A violation of a temporary restraining order or 
  2.18  restraining order shall also constitute contempt of court. 
  2.19     (d) Upon the filing of an affidavit by the petitioner, any 
  2.20  peace officer, or an interested party designated by the court, 
  2.21  alleging that the respondent has violated an order issued under 
  2.22  subdivision 4 or 5, the court may issue an order to the 
  2.23  respondent requiring the respondent to appear within 14 days and 
  2.24  show cause why the respondent should not be held in contempt of 
  2.25  court.  The court also shall refer the violation of the order to 
  2.26  the appropriate prosecuting authority for possible prosecution 
  2.27  under paragraph (a). 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     Section 1 is effective August 1, 1997, and applies to 
  2.30  crimes committed on or after that date.