HF 2990

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

  1.1                          A bill for an act 
  1.2             relating to crime; providing felony penalties for 
  1.3             persons who violate a harassment restraining order 
  1.4             with intent to influence or otherwise tamper with a 
  1.5             law enforcement investigation or with intent to 
  1.6             retaliate against a peace officer; amending Minnesota 
  1.7             Statutes 1998, section 609.748, subdivision 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.748, 
  1.10  subdivision 6, is amended to read: 
  1.11     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
  1.12  who violates a restraining order issued under this section is 
  1.13  subject to the penalties provided in paragraphs (b) to (d).  
  1.14     (b) Except as otherwise provided in paragraphs (c) and (d), 
  1.15  when a temporary restraining order or a restraining order is 
  1.16  granted under this section and the respondent knows of the 
  1.17  order, violation of the order is a misdemeanor.  
  1.18     (c) A person is guilty of a gross misdemeanor who knowingly 
  1.19  violates the order during the time period between a previous 
  1.20  conviction under this subdivision; sections 609.221 to 609.224; 
  1.21  609.2242; 518B.01, subdivision 14; 609.713, subdivisions 1 or 3; 
  1.22  or 609.749; and the end of the five years following discharge 
  1.23  from sentence for that conviction.  
  1.24     (d) A person is guilty of a felony and may be sentenced to 
  1.25  imprisonment for not more than five years or to payment of a 
  1.26  fine of not more than $10,000, or both, if the person knowingly 
  2.1   violates the order:  
  2.2      (1) during the time period between the first of two or more 
  2.3   previous convictions under this subdivision or sections 518B.01, 
  2.4   subdivision 14; 609.221 to 609.224; 609.2242; 609.713, 
  2.5   subdivision 1 or 3; 609.749; and the end of the five years 
  2.6   following discharge from sentence for that conviction; 
  2.7      (2) because of the victim's or another's actual or 
  2.8   perceived race, color, religion, sex, sexual orientation, 
  2.9   disability as defined in section 363.01, age, or national 
  2.10  origin; 
  2.11     (3) by falsely impersonating another; 
  2.12     (4) while possessing a dangerous weapon; 
  2.13     (5) with an intent to influence or otherwise tamper with a 
  2.14  juror or a judicial proceeding or with intent to retaliate 
  2.15  against a judicial officer, as defined in section 609.415, or a 
  2.16  prosecutor, defense attorney, or officer of the court, because 
  2.17  of that person's performance of official duties in connection 
  2.18  with a judicial proceeding; or 
  2.19     (6) with an intent to influence or otherwise tamper with a 
  2.20  law enforcement investigation or with intent to retaliate 
  2.21  against a peace officer, as defined in section 626.84, because 
  2.22  of that person's performance of official duties; or 
  2.23     (7) against a victim under the age of 18, if the respondent 
  2.24  is more than 36 months older than the victim. 
  2.25     (e) A peace officer shall arrest without a warrant and take 
  2.26  into custody a person whom the peace officer has probable cause 
  2.27  to believe has violated an order issued under subdivision 4 or 5 
  2.28  if the existence of the order can be verified by the officer.  
  2.29     (f) A violation of a temporary restraining order or 
  2.30  restraining order shall also constitute contempt of court. 
  2.31     (g) Upon the filing of an affidavit by the petitioner, any 
  2.32  peace officer, or an interested party designated by the court, 
  2.33  alleging that the respondent has violated an order issued under 
  2.34  subdivision 4 or 5, the court may issue an order to the 
  2.35  respondent requiring the respondent to appear within 14 days and 
  2.36  show cause why the respondent should not be held in contempt of 
  3.1   court.  The court also shall refer the violation of the order to 
  3.2   the appropriate prosecuting authority for possible prosecution 
  3.3   under paragraph (b), (c), or (d). 
  3.4      Sec. 2.  [EFFECTIVE DATE.] 
  3.5      Section 1 is effective August 1, 2000, and applies to 
  3.6   crimes committed on or after that date.