1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime; amending the definition of 1.3 harassment; amending Minnesota Statutes 1998, section 1.4 609.748, subdivisions 1, 3, 3a, and 4. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1998, section 609.748, 1.7 subdivision 1, is amended to read: 1.8 Subdivision 1. [DEFINITION.] For the purposes of this 1.9 section, the following terms have the meanings given them in 1.10 this subdivision. 1.11 (a) "Harassment" includes: 1.12 (1) a single incident or repeated
,incidents of intrusive, 1.13 or unwanted acts, words, or gestures that have a substantial 1.14 adverse effect or are intended to adversely affecthave a 1.15 substantial adverse effect on the safety, security, or privacy 1.16 of another, regardless of the relationship between the actor and 1.17 the intended target; 1.18 (2) targeted residential picketing; and 1.19 (3) a pattern of attending public events after being 1.20 notified that the actor's presence at the event is harassing to 1.21 another. 1.22 (b) "Respondent" includes any adults or juveniles alleged 1.23 to have engaged in harassment or organizations alleged to have 1.24 sponsored or promoted harassment. 1.25 (c) "Targeted residential picketing" includes the following 2.1 acts when committed on more than one occasion: 2.2 (1) marching, standing, or patrolling by one or more 2.3 persons directed solely at a particular residential building in 2.4 a manner that adversely affects the safety, security, or privacy 2.5 of an occupant of the building; or 2.6 (2) marching, standing, or patrolling by one or more 2.7 persons which prevents an occupant of a residential building 2.8 from gaining access to or exiting from the property on which the 2.9 residential building is located. 2.10 Sec. 2. Minnesota Statutes 1998, section 609.748, 2.11 subdivision 3, is amended to read: 2.12 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 2.13 petition for relief must allege facts sufficient to show the 2.14 following: 2.15 (1) the name of the alleged harassment victim; 2.16 (2) the name of the respondent; and 2.17 (3) that the respondent has engaged in harassment. 2.18 The petition shall be accompanied by an affidavit made under 2.19 oath stating the specific facts and circumstances from which 2.20 relief is sought. The court shall provide simplified forms and 2.21 clerical assistance to help with the writing and filing of a 2.22 petition under this section and shall advise the petitioner of 2.23 the right to sue in forma pauperis under section 563.01. Upon 2.24 receipt of the petition, the court shall order a hearing, which 2.25 must be held not later than 14 days from the date of the order. 2.26 Personal service must be made upon the respondent not less than 2.27 five days before the hearing. If personal service cannot be 2.28 completed in time to give the respondent the minimum notice 2.29 required under this paragraph, the court may set a new hearing 2.30 date. Nothing in this section shall be construed as requiring a 2.31 hearing on a matter that has no merit. 2.32 (b) Notwithstanding paragraph (a), the order for a hearing 2.33 and a temporary order issued under subdivision 4 may be served 2.34 on the respondent by means of a one-week published notice under 2.35 section 645.11, if: 2.36 (1) the petitioner files an affidavit with the court 3.1 stating that an attempt at personal service made by a sheriff 3.2 was unsuccessful because the respondent is avoiding service by 3.3 concealment or otherwise; and 3.4 (2) a copy of the petition and order for hearing and any 3.5 temporary restraining order has been mailed to the respondent at 3.6 the respondent's residence or place of business, if the 3.7 respondent is an organization, or the respondent's residence or 3.8 place of business is not known to the petitioner. 3.9 (c) Regardless of the method of service, if the respondent 3.10 is a juvenile, whenever possible, the court also shall have 3.11 notice of the pendency of the case and of the time and place of 3.12 the hearing served by mail at the last known address upon any 3.13 parent or guardian of the juvenile respondent who is not the 3.14 petitioner. 3.15 Sec. 3. Minnesota Statutes 1998, section 609.748, 3.16 subdivision 3a, is amended to read: 3.17 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees3.18 for a restraining order under this section are waived for the3.19 petitioner if the petition alleges acts that would constitute a3.20 violation of section 609.749, subdivision 2 or 3.The filing 3.21 fee for a restraining order under this section is $50. The 3.22 court administrator and the sheriff of any county in this state 3.23 shall perform their duties relating to service of process 3.24 without charge to the petitioner. The court shall direct 3.25 payment of the reasonable costs of service of process if served 3.26 by a private process server when the sheriff is unavailable or 3.27 if service is made by publication. The court may direct a 3.28 respondent to pay to the court administrator the petitioner's 3.29 filing fees and reasonable costs of service of process if the 3.30 court determines that the respondent has the ability to pay the 3.31 petitioner's fees and costs. 3.32 Sec. 4. Minnesota Statutes 1998, section 609.748, 3.33 subdivision 4, is amended to read: 3.34 Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may 3.35 issue a temporary restraining order ordering the respondent to 3.36 cease or avoid the harassment of another person or to have no 4.1 contact with that person if the petitioner files a petition in 4.2 compliance with subdivision 3 and if the court finds reasonable 4.3 grounds to believe that the respondent has engaged in 4.4 harassment. When a petition alleges harassment as defined by 4.5 subdivision 1, paragraph (a), clause (1), the petition must 4.6 further allege an immediate and present danger of harassment 4.7 before the court may issue a temporary restraining order under 4.8 this section. 4.9 (b) Notice need not be given to the respondent before the 4.10 court issues a temporary restraining order under this 4.11 subdivision. A copy of the restraining order must be served on 4.12 the respondent along with the order for hearing and petition, as 4.13 provided in subdivision 3. If the respondent is a juvenile, 4.14 whenever possible, a copy of the restraining order, along with 4.15 notice of the pendency of the case and the time and place of the 4.16 hearing, shall also be served by mail at the last known address 4.17 upon any parent or guardian of the juvenile respondent who is 4.18 not the petitioner. A temporary restraining order may be 4.19 entered only against the respondent named in the petition. 4.20 (c) The temporary restraining order is in effect until a 4.21 hearing is held on the issuance of a restraining order under 4.22 subdivision 5. The court shall hold the hearing on the issuance 4.23 of a restraining order within 14 days after the temporary 4.24 restraining order is issued unless (1) the time period is 4.25 extended upon written consent of the parties; or (2) the time 4.26 period is extended by the court for one additional 14-day period 4.27 upon a showing that the respondent has not been served with a 4.28 copy of the temporary restraining order despite the exercise of 4.29 due diligence or if service is made by published notice under 4.30 subdivision 3 and the petitioner files the affidavit required 4.31 under that subdivision. 4.32 Sec. 5. [EFFECTIVE DATE.] 4.33 Sections 1 to 4 are effective August 1, 2000, and apply to 4.34 crimes committed on or after that date.