HF 2946

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to family law; child visitation; prohibiting 
  1.3             visitation by a parent who has been convicted of 
  1.4             certain offenses involving criminal sexual conduct; 
  1.5             amending Minnesota Statutes 1994, section 518.179. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 518.179, is 
  1.8   amended to read: 
  1.9      518.179 [CUSTODY OR VISITATION WHEN PERSON CONVICTED OF 
  1.10  CERTAIN OFFENSES.] 
  1.11     Subdivision 1.  [SEEKING STANDARDS FOR CUSTODY OR 
  1.12  VISITATION.] Notwithstanding any contrary provision in section 
  1.13  518.17 or 518.175, if a person seeking child custody or 
  1.14  visitation has been convicted of a crime described in 
  1.15  subdivision 2, the person seeking custody or visitation has the 
  1.16  burden to prove that custody or visitation by that person is in 
  1.17  the best interests of the child if: 
  1.18     (1) the conviction occurred within the preceding five 
  1.19  years; 
  1.20     (2) the person is currently incarcerated, on probation, or 
  1.21  under supervised release for the offense; or 
  1.22     (3) the victim of the crime was a family or household 
  1.23  member as defined in section 518B.01, subdivision 2.  
  1.24     If this section applies subdivisions 1 and 2 apply, the 
  1.25  court may not grant custody or visitation to the person unless 
  2.1   it finds that the custody or visitation is in the best interests 
  2.2   of the child.  If the victim of the crime was a family or 
  2.3   household member, the standard of proof is clear and convincing 
  2.4   evidence. 
  2.5      Subd. 2.  [APPLICABLE CRIMES.] This section applies 
  2.6   Subdivision 1 applies to the following crimes or similar crimes 
  2.7   under the laws of the United States, or any other state: 
  2.8      (1) murder in the first, second, or third degree under 
  2.9   section 609.185, 609.19, or 609.195; 
  2.10     (2) manslaughter in the first degree under section 609.20; 
  2.11     (3) assault in the first, second, or third degree under 
  2.12  section 609.221, 609.222, or 609.223; 
  2.13     (4) kidnapping under section 609.25; 
  2.14     (5) depriving another of custodial or parental rights under 
  2.15  section 609.26; 
  2.16     (6) soliciting, inducing, or promoting prostitution 
  2.17  involving a minor under section 609.322; 
  2.18     (7) receiving profit from prostitution involving a minor 
  2.19  under section 609.323; 
  2.20     (8) criminal sexual conduct in the first degree under 
  2.21  section 609.342; 
  2.22     (9) criminal sexual conduct in the second degree under 
  2.23  section 609.343; 
  2.24     (10) criminal sexual conduct in the third degree under 
  2.25  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
  2.26     (11) solicitation of a child to engage in sexual conduct 
  2.27  under section 609.352; 
  2.28     (12) incest under section 609.365; 
  2.29     (13) malicious punishment of a child under section 609.377; 
  2.30  or 
  2.31     (14) (9) neglect of a child under section 609.378. 
  2.32     Subd. 3.  [CUSTODY AND VISITATION 
  2.33  PROHIBITED.] Notwithstanding any contrary provision in section 
  2.34  518.17 or 518.175, if a person seeking child custody or 
  2.35  visitation has been convicted of a crime described in this 
  2.36  subdivision or a similar crime under the laws of the United 
  3.1   States or any other state, the court shall not grant custody or 
  3.2   visitation to the person: 
  3.3      (1) criminal sexual conduct in the first degree under 
  3.4   section 609.342; 
  3.5      (2) criminal sexual conduct in the second degree under 
  3.6   section 609.343; 
  3.7      (3) criminal sexual conduct in the third degree under 
  3.8   section 609.344; 
  3.9      (4) solicitation of a child to engage in sexual conduct 
  3.10  under section 609.352; or 
  3.11     (5) incest under section 609.365.