HF 2842

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring victim's account of 
  1.3             domestic assault or harassment to be considered in 
  1.4             determining arrested person's release; requiring 
  1.5             notice to certain law enforcement agencies, battered 
  1.6             women's programs, and sexual assault programs of 
  1.7             release of arrested persons; requiring notice of bail 
  1.8             hearings to victims of domestic assault and 
  1.9             harassment; amending Minnesota Statutes 1994, section 
  1.10            629.72, by adding a subdivision; Minnesota Statutes 
  1.11            1995 Supplement, section 629.72, subdivisions 2 and 6. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.14  629.72, subdivision 2, is amended to read: 
  1.15     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
  1.16  before whom the arrested person is brought shall review the 
  1.17  facts surrounding the arrest and detention.  The prosecutor or 
  1.18  other appropriate person shall present relevant information 
  1.19  involving the victim's or the victim's family's account of the 
  1.20  alleged crime to the judge to be considered in determining the 
  1.21  arrested person's release.  The arrested person must be ordered 
  1.22  released pending trial or hearing on the person's personal 
  1.23  recognizance or on an order to appear or upon the execution of 
  1.24  an unsecured bond in a specified amount unless the judge 
  1.25  determines that release (1) will be inimical to public safety, 
  1.26  (2) will create a threat of bodily harm to the arrested person, 
  1.27  the victim of the alleged harassment or domestic abuse, or 
  1.28  another, or (3) will not reasonably assure the appearance of the 
  2.1   arrested person at subsequent proceedings.  
  2.2      (b) If the judge determines release is not advisable, the 
  2.3   judge may impose any conditions of release that will reasonably 
  2.4   assure the appearance of the person for subsequent proceedings, 
  2.5   or will protect the victim of the alleged harassment or domestic 
  2.6   abuse, or may fix the amount of money bail without other 
  2.7   conditions upon which the arrested person may obtain release.  
  2.8   If conditions of release are imposed, the judge shall issue a 
  2.9   written order for conditional release.  The court administrator 
  2.10  shall immediately distribute a copy of the order for conditional 
  2.11  release to the agency having custody of the arrested person and 
  2.12  shall provide the agency having custody of the arrested person 
  2.13  with any available information on the location of the victim in 
  2.14  a manner that protects the victim's safety.  Either the court or 
  2.15  its designee or the agency having custody of the arrested person 
  2.16  shall serve upon the defendant a copy of the order.  Failure to 
  2.17  serve the arrested person with a copy of the order for 
  2.18  conditional release does not invalidate the conditions of 
  2.19  release. 
  2.20     (c) If the judge imposes as a condition of release a 
  2.21  requirement that the person have no contact with the victim of 
  2.22  the alleged harassment or domestic abuse, the judge may also, on 
  2.23  its own motion or that of the prosecutor or on request of the 
  2.24  victim, issue an ex parte temporary restraining order under 
  2.25  section 609.748, subdivision 4, or an ex parte temporary order 
  2.26  for protection under section 518B.01, subdivision 7.  
  2.27  Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
  2.28  or 609.748, subdivision 4, paragraph (c), the temporary order is 
  2.29  effective until the defendant is convicted or acquitted, or the 
  2.30  charge is dismissed, provided that upon request the defendant is 
  2.31  entitled to a full hearing on the restraining order under 
  2.32  section 609.748, subdivision 5, or on the order for protection 
  2.33  under section 518B.01.  The hearing must be held within seven 
  2.34  days of the defendant's request. 
  2.35     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.36  629.72, subdivision 6, is amended to read: 
  3.1      Subd. 6.  [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED 
  3.2   PERSON.] (a) Immediately after issuance of a citation in lieu of 
  3.3   continued detention under subdivision 1, or the entry of an 
  3.4   order for release under subdivision 2, but before the arrested 
  3.5   person is released, the agency having custody of the arrested 
  3.6   person or its designee must make a reasonable and good faith 
  3.7   effort to inform orally the alleged victim, local law 
  3.8   enforcement agencies known to be involved in the case, if 
  3.9   different from the agency having custody, and, at the victim's 
  3.10  request any local battered women's programs established under 
  3.11  section 611A.32 or sexual assault programs of: 
  3.12     (1) the conditions of release, if any; 
  3.13     (2) the time of release; 
  3.14     (3) the time, date, and place of the next scheduled court 
  3.15  appearance of the arrested person and the victim's right to be 
  3.16  present at the court appearance; and 
  3.17     (4) if the arrested person is charged with domestic abuse, 
  3.18  the location and telephone number of the area battered women's 
  3.19  shelter as designated by the department of corrections. 
  3.20     (b) As soon as practicable after an order for conditional 
  3.21  release is entered, the agency having custody of the arrested 
  3.22  person or its designee must personally deliver or mail to the 
  3.23  alleged victim a copy of the written order and written notice of 
  3.24  the information in paragraph (a), clauses (2) and (3). 
  3.25     Sec. 3.  Minnesota Statutes 1994, section 629.72, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
  3.28  person arrested for or a juvenile detained for domestic assault 
  3.29  or harassment is scheduled to be reviewed under subdivision 2 
  3.30  for release from pretrial detention, the court shall make a 
  3.31  reasonable good faith effort to notify:  (1) the victim of the 
  3.32  alleged crime; (2) if the victim is incapacitated or deceased, 
  3.33  the victim's family; and (3) if the victim is a minor, the 
  3.34  victim's parent or guardian.  The notification must include: 
  3.35     (1) the date and approximate time of the review; 
  3.36     (2) the location where the review will occur; 
  4.1      (3) the name and telephone number of a person that can be 
  4.2   contacted for additional information; and 
  4.3      (4) a statement that the victim and the victim's family may 
  4.4   attend the review.