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HF 1245

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2009

Current Version - as introduced

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A bill for an act
relating to public safety; amending provisions relating to domestic abuse;
expanding definition of family or household member; providing for statewide
application and expanded use of domestic abuse no contact orders; amending
Minnesota Statutes 2008, section 518B.01, subdivisions 2, 20, 22.

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

Section 1.

Minnesota Statutes 2008, section 518B.01, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms shall have the
meanings given themdeleted text begin :deleted text end new text begin .
new text end

(a) "Domestic abuse" means the following, if committed against a family or
household member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal
sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; or interference with an emergency call within the meaning of section 609.78,
subdivision 2
.

(b) "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in
the past;

(5) persons who have a child in common regardless of whether they have been
married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the
father, regardless of whether they have been married or have lived together at any time; and

(7) personsnew text begin who arenew text end involved in a significant romantic or sexual relationshipnew text begin or who
have been involved in a significant romantic or sexual relationship in the past
new text end .

Issuance of an order for protection on the ground in clause (6) does not affect a
determination of paternity under sections 257.51 to 257.74. In determining whether
persons are or have been involved in a significant romantic or sexual relationship
under clause (7), the court shall consider the length of time of the relationship; type of
relationship; frequency of interaction between the parties; and, if the relationship has
terminated, length of time since the termination.

(c) "Qualified domestic violence-related offense" has the meaning given in section
609.02, subdivision 16.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 518B.01, subdivision 20, is amended to read:


Subd. 20.

Statewide application.

An order for protectionnew text begin or domestic abuse no
contact order
new text end granted under this section applies throughout this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 518B.01, subdivision 22, is amended to read:


Subd. 22.

Domestic abuse no contact order.

(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceedingnew text begin or a juvenile
offender in a juvenile delinquency proceeding
new text end for:

(1) domestic abuse;

(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

It includes pretrial orders before final disposition of the case and probationary orders after
sentencing.new text begin For probationary orders issued after sentencing, this includes a conviction for
any offense arising out of the same circumstances surrounding an arrest for an offense
described under this paragraph.
new text end

(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly 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 as provided in section 518B.02. 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 knowingly 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 a domestic abuse no
contact order, 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 person 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end