HF 1677

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to the safe at home program; specifying applicability; eliminating certain
persons from eligibility; providing a remedy for violation or refusal to recognize
a designated address; prohibiting public release of certain court records;
amending Minnesota Statutes 2008, sections 5B.01; 5B.02; 5B.07, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 5B.

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

Section 1.

Minnesota Statutes 2008, section 5B.01, is amended to read:

5B.01 FINDINGS; PURPOSE new text begin ; APPLICABILITY new text end .

new text begin (a) new text end The legislature finds that individuals attempting to escape from actual or
threatened domestic violence, sexual assault, or stalking frequently establish new
addresses in order to prevent their assailants or probable assailants from finding them.
The purpose of this chapter is to enable state and local agencies to respond to requests
for data without disclosing the location of a victim of domestic violence, sexual assault,
or stalking; to enable interagency cooperation with the secretary of state in providing
address confidentiality for victims of domestic violence, sexual assault, or stalking; and
to enable program participants to use an address designated by the secretary of state as a
substitute mailing address for all purposes.

new text begin (b) This chapter and any associated rules shall supercede an ordinance, charter
provision, rule, or other law to the extent the provisions conflict or require release or
display of a program participant's name at an address otherwise protected under this
chapter.
new text end

Sec. 2.

Minnesota Statutes 2008, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.

(b) "Address" means a residential street address, school address, or work address
of an individual, as specified on the individual's application to be a program participant
under this chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision
2, paragraph (a), and includes a threat of such acts committed against an individual in a
domestic situation, regardless of whether these acts or threats have been reported to law
enforcement officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
in section 524.5-102 for whom there is good reason to believe (i) that the eligible person is
a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible person
fears for his or her safety or the safety of persons on whose behalf the application is made. new text begin
A person registered or required to register as a predatory offender under section 243.166
or 243.167, or the law of another jurisdiction, is not an eligible person.
new text end

(f) "Mail" means first class letters and flats delivered via the United States Postal
Service, including priority, express, and certified mail, and excluding packages, parcels,
periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
clearly indicate that they are sent by a government agency.

(g) "Program participant" means an individual certified as a program participant
under section 5B.03.

(h) "Stalking" means acts criminalized under section 609.749 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.

Sec. 3.

Minnesota Statutes 2008, section 5B.07, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Court records. new text end

new text begin Any public document related to a court action or
proceeding in which a program participant is a party or witness, including a proceeding
under section 5B.10, that indicates the program participant's address may only indicate the
address designated by the secretary of state. To the extent documentation of a program
participant's residential address is required for an action to proceed, the address may only
be made available to the court itself, and contained in documents that are not available to
the public, unless otherwise released by court order.
new text end

Sec. 4.

new text begin [5B.10] RELEASE OF ADDRESS; ACTION FOR DAMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Action for damages. new text end

new text begin Any person that willfully discloses information
protected by this chapter is liable to the program participant, or a legal representative of
the program participant, for any damage suffered as a result of the violation. The program
participant, or legal representative of the program participant, is entitled to recover
exemplary damages of not less than $1,000, nor more than $15,000 for each violation,
plus actual damages sustained, costs, disbursements, and reasonable attorney fees.
new text end

new text begin Subd. 2. new text end

new text begin Injunctive relief. new text end

new text begin The district court may enjoin any person that violates or
proposes to violate a provision of this chapter. The court may make any order or judgment
as may be necessary to prevent the use or employment by any person of a practice which
violates this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Venue. new text end

new text begin An action filed pursuant to this section may be filed in Ramsey
County, or the county in which either the program participant or defendant resides.
new text end

new text begin Subd. 4. new text end

new text begin Data practices remedy. new text end

new text begin Nothing in this section shall preclude or limit an
action against a government entity under section 13.08 or 13.09.
new text end

Sec. 5. new text begin EFFECTIVE DATE; APPLICABILITY.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment. Section 3 applies to
any actions pending or commenced on or after the date that section becomes effective.
new text end