HF 2295

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:01pm

A bill for an act
relating to public safety; authorizing judicial districts to establish standards
for using GPS to monitor domestic violence offenders; amending Minnesota
Statutes 2012, sections 609.135, subdivision 5a; 629.72, by adding a subdivision;
repealing Minnesota Statutes 2012, section 629.72, subdivision 2a.

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

Section 1.

Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:

Subd. 5a.

Domestic abuse victims; electronic monitoring.

(a) deleted text begin Until the
commissioner of corrections has adopted standards governing electronic monitoring
devices used to protect victims of domestic abuse, the court, as a condition of a stay of
imposition or execution of a sentence, may not order an offender convicted of a crime
described in paragraph (b) to use an electronic monitoring device to protect a victim's
safety. deleted text end new text begin A judge in a judicial district that has adopted standards under paragraph (c) may
order, as a condition of a stay of imposition or execution of a sentence, an offender
convicted of a crime described in paragraph (b) to use an electronic monitoring device to
protect a victim's safety.
new text end

(b) This subdivision applies to the following crimes, if committed by the defendant
against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222,
609.223, or 609.224; or domestic assault under section 609.2242;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
section 609.342, 609.343, 609.344, 609.345, or 609.3451; and

(9) terroristic threats under section 609.713.

(c) deleted text begin Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
order, as a condition of a stay of imposition or execution of a sentence, a defendant
convicted of a crime described in paragraph (b), to use an electronic monitoring device
to protect the victim's safety. The judges shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for the
use of devices to protect victims of domestic abuse. deleted text end new text begin The chief judge of a judicial district
may develop and implement standards for the use of electronic monitoring and global
positioning system devices to protect victims of domestic abuse.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 629.72, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Electronic monitoring; condition of pretrial release. new text end

new text begin In a judicial
district that has adopted standards under section 609.135, subdivision 5a, paragraph (c),
a judge, as a condition of release, may order a person arrested for a crime described in
section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to
protect a victim's safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 629.72, subdivision 2a, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end