HF 2279

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; amending the definition of 
  1.3             harassment for purposes of the harassment restraining 
  1.4             order law; authorizing the court to find a hearing is 
  1.5             unnecessary in certain harassment cases; authorizing 
  1.6             indigent parties to perform alternative community 
  1.7             service work in lieu of paying filing fees; amending 
  1.8             Minnesota Statutes 1998, section 609.748, subdivisions 
  1.9             1, 3, and 3a. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 609.748, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [DEFINITION.] For the purposes of this 
  1.14  section, the following terms have the meanings given them in 
  1.15  this subdivision. 
  1.16     (a) "Harassment" includes: 
  1.17     (1) repeated, and intrusive, or unwanted acts, words, or 
  1.18  gestures that significantly adversely affect or that are 
  1.19  intended to significantly adversely affect the safety, security, 
  1.20  or privacy of another, regardless of the relationship between 
  1.21  the actor and the intended target; 
  1.22     (2) acts that pose a substantial risk of bodily injury; 
  1.23     (3) targeted residential picketing; and 
  1.24     (3) (4) a pattern of attending public events after being 
  1.25  notified that the actor's presence at the event is harassing to 
  1.26  another. 
  1.27     (b) "Respondent" includes any adults or juveniles alleged 
  2.1   to have engaged in harassment or organizations alleged to have 
  2.2   sponsored or promoted harassment. 
  2.3      (c) "Targeted residential picketing" includes the following 
  2.4   acts when committed on more than one occasion: 
  2.5      (1) marching, standing, or patrolling by one or more 
  2.6   persons directed solely at a particular residential building in 
  2.7   a manner that adversely affects the safety, security, or privacy 
  2.8   of an occupant of the building; or 
  2.9      (2) marching, standing, or patrolling by one or more 
  2.10  persons which prevents an occupant of a residential building 
  2.11  from gaining access to or exiting from the property on which the 
  2.12  residential building is located. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 609.748, 
  2.14  subdivision 3, is amended to read: 
  2.15     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
  2.16  petition for relief must allege facts sufficient to show the 
  2.17  following:  
  2.18     (1) the name of the alleged harassment victim; 
  2.19     (2) the name of the respondent; and 
  2.20     (3) that the respondent has engaged in harassment. 
  2.21  The petition shall be accompanied by an affidavit made under 
  2.22  oath stating the specific facts and circumstances from which 
  2.23  relief is sought.  The court shall provide simplified forms and 
  2.24  clerical assistance to help with the writing and filing of a 
  2.25  petition under this section and shall advise the petitioner of 
  2.26  the right to sue in forma pauperis under section 563.01.  Upon 
  2.27  receipt of the petition, the court shall order a hearing, which 
  2.28  must be held not later than 14 days from the date of the order.  
  2.29  No hearing is needed, however, if the court makes written 
  2.30  findings that based upon the contents of the petition the 
  2.31  actions alleged, even if found to be true, would not warrant the 
  2.32  issuance of a harassment restraining order.  Personal service 
  2.33  must be made upon the respondent not less than five days before 
  2.34  the hearing.  If personal service cannot be completed in time to 
  2.35  give the respondent the minimum notice required under this 
  2.36  paragraph, the court may set a new hearing date. 
  3.1      (b) Notwithstanding paragraph (a), the order for a hearing 
  3.2   and a temporary order issued under subdivision 4 may be served 
  3.3   on the respondent by means of a one-week published notice under 
  3.4   section 645.11, if: 
  3.5      (1) the petitioner files an affidavit with the court 
  3.6   stating that an attempt at personal service made by a sheriff 
  3.7   was unsuccessful because the respondent is avoiding service by 
  3.8   concealment or otherwise; and 
  3.9      (2) a copy of the petition and order for hearing and any 
  3.10  temporary restraining order has been mailed to the respondent at 
  3.11  the respondent's residence or place of business, if the 
  3.12  respondent is an organization, or the respondent's residence or 
  3.13  place of business is not known to the petitioner. 
  3.14     (c) Regardless of the method of service, if the respondent 
  3.15  is a juvenile, whenever possible, the court also shall have 
  3.16  notice of the pendency of the case and of the time and place of 
  3.17  the hearing served by mail at the last known address upon any 
  3.18  parent or guardian of the juvenile respondent who is not the 
  3.19  petitioner. 
  3.20     Sec. 3.  Minnesota Statutes 1998, section 609.748, 
  3.21  subdivision 3a, is amended to read: 
  3.22     Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
  3.23  for a restraining order under this section are waived for the 
  3.24  petitioner if the petition alleges acts that would constitute a 
  3.25  violation of section 609.749, subdivision 2 or 3.  The court 
  3.26  administrator and the sheriff of any county in this state shall 
  3.27  perform their duties relating to service of process without 
  3.28  charge to the petitioner.  The court shall direct payment of the 
  3.29  reasonable costs of service of process if served by a private 
  3.30  process server when the sheriff is unavailable or if service is 
  3.31  made by publication.  The court may direct a respondent to pay 
  3.32  to the court administrator the petitioner's filing fees and 
  3.33  reasonable costs of service of process if the court determines 
  3.34  that the respondent has the ability to pay the petitioner's fees 
  3.35  and costs.  If the court finds that a party is indigent and 
  3.36  entitled to the waiver of filing fees and other costs in forma 
  4.1   pauperis, the court may order that a party perform alternative 
  4.2   community service work in lieu of payment of the filing fee. 
  4.3      Sec. 4.  [EFFECTIVE DATE.] 
  4.4      Sections 1 to 3 are effective August 1, 1999, and apply to 
  4.5   crimes committed on or after that date.