HF 3089

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:15am

A bill for an act
relating to public safety; providing an exception to the statutory cap on bail
for certain nonfelony domestic abuse offenders; recodifying and clarifying the
domestic abuse no contact order law; expanding the tampering with a witness
crime; clarifying the requirement that the data communications network include
orders for protection and no contact orders; imposing criminal penalties;
amending Minnesota Statutes 2008, sections 299C.46, subdivision 6; 609.498,
subdivision 2; 629.471, subdivision 3, by adding a subdivision; 629.72,
subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
629; repealing Minnesota Statutes 2008, section 518B.01, subdivision 22.

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

Section 1.

Minnesota Statutes 2008, section 299C.46, subdivision 6, is amended to read:

Subd. 6.

Orders for protection and no contact orders.

new text begin (a) As used in this
subdivision, "no contact orders" include orders issued as pretrial orders under sections
629.715, subdivision 4, and 629.72, subdivision 2; orders under section 629.75; and orders
issued as probationary or sentencing orders at the time of disposition in a criminal case.
new text end

new text begin (b) new text end The data communications network must include orders for protection issued
under section 518B.01 and no contact orders issued deleted text begin under section 629.715, subdivision 4 deleted text end new text begin
against adults and juveniles new text end . A no contact order must be accompanied by a photograph
of the offender for the purpose of enforcement of the order, if a photograph is available
and verified by the court to be an image of the defendant.

Sec. 2.

Minnesota Statutes 2008, section 609.498, subdivision 2, is amended to read:

Subd. 2.

Tampering with a witness in the second degree.

new text begin (a) new text end Whoever does any
of the following is guilty of tampering with a witness in the second degree and may be
sentenced as provided in subdivision 3:

deleted text begin (a) deleted text end new text begin (1) new text end intentionally prevents or dissuades or intentionally attempts to prevent or
dissuade by means of any act described in section 609.27, subdivision 1, clause (3), (4), or
(5), a person who is or may become a witness from attending or testifying at any trial,
proceeding, or inquiry authorized by law;

deleted text begin (b) deleted text end new text begin (2) new text end by means of any act described in section 609.27, subdivision 1, clause (3),
(4), or (5), intentionally coerces or attempts to coerce a person who is or may become a
witness to testify falsely at any trial, proceeding, or inquiry authorized by law;

deleted text begin (c) deleted text end new text begin (3) new text end intentionally prevents or dissuades or attempts to prevent or dissuade by
means of any act described in section 609.27, subdivision 1, clause (3), (4), or (5), a
person from providing information to law enforcement authorities concerning a crime; or

deleted text begin (d) deleted text end new text begin (4) new text end by means of any act described in section 609.27, subdivision 1, clause (3),
(4), or (5), intentionally coerces or attempts to coerce a person to provide false information
concerning a crime to law enforcement authorities.

new text begin (b) Unless a greater penalty is applicable under subdivision 1 or 1b, whoever does
any of the following is guilty of tampering with a witness in the second degree and may be
sentenced as provided in subdivision 3:
new text end

new text begin (1) intentionally prevents or dissuades or intentionally attempts to prevent or
dissuade by means of intimidation or threats, a person who is or may become a witness
from attending or testifying at any trial, proceeding, or inquiry authorized by law;
new text end

new text begin (2) by means of intimidation or threats, intentionally influences or attempts to
influence a person who is or may become a witness to testify falsely at any trial,
proceeding, or inquiry authorized by law;
new text end

new text begin (3) intentionally prevents or dissuades or attempts to prevent or dissuade by means
of intimidation or threats, a person from providing information to law enforcement
authorities concerning a crime; or
new text end

new text begin (4) by means of intimidation or threats, intentionally influences or attempts to
influence a person to provide false information concerning a crime to law enforcement
authorities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 629.471, subdivision 3, is amended to read:

Subd. 3.

Six times fine.

new text begin Except as provided in subdivision 3a, new text end for offenses under
sections 518B.01, 609.224, 609.2242, and 609.377, the maximum cash bail that may be
required for a person charged with a misdemeanor or gross misdemeanor violation is six
times the highest cash fine that may be imposed for the offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 629.471, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin No limit for certain domestic abuse cases. new text end

new text begin For nonfelony violations
of the offenses described in section 629.72, subdivision 1, a court through the process
described in section 629.72, subdivision 2, may set bail in any amount necessary to protect
the safety of the alleged victim, other family and household members, and the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 629.72, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given them.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) "Harassment" has the meaning given in section 609.749.

(d) "Violation of a domestic abuse no contact order" has the meaning given in
section deleted text begin 518B.01, subdivision 22 deleted text end new text begin 629.75 new text end .

(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2008, section 629.72, subdivision 2, is amended to read:

Subd. 2.

Judicial review; release; bail.

(a) The judge before whom the arrested
person is brought shall review the facts surrounding the arrest and detention of a person
arrested for domestic abuse, harassment, violation of an order for protection, or violation
of a domestic abuse no contact order. The prosecutor or prosecutor's designee shall present
relevant information involving the victim's or the victim's family's account of the alleged
crime to the judge to be considered in determining the arrested person's release. In making
a decision concerning pretrial release conditions of a person arrested for domestic abuse,
harassment, violation of an order for protection, or violation of a domestic abuse no
contact order, the judge shall review the facts of the arrest and detention of the person and
determine whether: (1) release of the person poses a threat to the alleged victim, another
family or household member, or public safety; or (2) there is a substantial likelihood the
person will fail to appear at subsequent proceedings. Before releasing a person arrested
for or charged with a crime of domestic abuse, harassment, violation of an order for
protection, or violation of a domestic abuse no contact order, the judge shall make findings
on the record, to the extent possible, concerning the determination made in accordance
with the factors specified in clauses (1) and (2).

(b) The judge deleted text begin may deleted text end new text begin shall new text end impose conditions of release or bail, or both, on the person
to protect the alleged victim or other family or household members new text begin or public safety new text end and to
ensure the appearance of the person at subsequent proceedings. These conditions may
include an order:

(1) enjoining the person from threatening to commit or committing acts of domestic
abuse or harassment against the alleged victim or other family or household members or
from violating an order for protection or a domestic abuse no contact order;

(2) prohibiting the person from harassing, annoying, telephoning, contacting, or
otherwise communicating with the alleged victim, either directly or indirectly;

(3) directing the person to vacate or stay away from the home of the alleged victim
and to stay away from any other location where the alleged victim is likely to be;

(4) prohibiting the person from possessing a firearm or other weapon specified by
the court;

(5) prohibiting the person from possessing or consuming alcohol or controlled
substances; and

(6) specifying any other matter required to protect the safety of the alleged victim
and to ensure the appearance of the person at subsequent proceedings.

(c) new text begin If the court determines that no condition or conditions of release can adequately
protect the safety of the alleged victim or other family or household members or public
safety, the court shall set bail at an amount sufficient to do so.
new text end

new text begin (d) new text end If conditions of release are imposed, the judge shall issue a written order for
conditional release. The court administrator shall immediately distribute a copy of the
order for conditional release to the agency having custody of the arrested person and shall
provide the agency having custody of the arrested person with any available information
on the location of the victim in a manner that protects the victim's safety. Either the court
or its designee or the agency having custody of the arrested person shall serve upon the
defendant a copy of the order. Failure to serve the arrested person with a copy of the order
for conditional release does not invalidate the conditions of release.

deleted text begin (d) deleted text end new text begin (e) new text end If the judge imposes as a condition of release a requirement that the person
have no contact with the alleged victim, the judge may also, on its own motion or that of
the prosecutor or on request of the victim, issue an ex parte temporary restraining order
under section 609.748, subdivision 4, deleted text begin or deleted text end an ex parte temporary order for protection under
section 518B.01, subdivision 7 new text begin , or a domestic abuse no contact order under section 629.75 new text end .
Notwithstanding section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision
4, paragraph (c), the temporary order is effective until the defendant is convicted or
acquitted, or the charge is dismissed, provided that upon request the defendant is entitled
to a full hearing on the restraining order under section 609.748, subdivision 5, or on
the order for protection under section 518B.01. The hearing must be held within seven
days of the defendant's request.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

new text begin [629.75] DOMESTIC ABUSE NO CONTACT ORDER.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; description. new text end

new text begin (a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:
new text end

new text begin (1) domestic abuse as defined in section 518B.01, subdivision 2;
new text end

new text begin (2) harassment or stalking under section 609.749 when committed against a family
or household member as defined in section 518B.01, subdivision 2;
new text end

new text begin (3) violation of an order for protection under section 518B.01, subdivision 14; or
new text end

new text begin (4) violation of a prior domestic abuse no contact order under this subdivision or
section 518B.01, subdivision 22.
new text end

new text begin (b) A domestic abuse no contact order may be issued as a pretrial order before final
disposition of the underlying criminal case or as a postconviction probationary order. A
domestic abuse no contact order is independent of any condition of pretrial release or
probation imposed on the defendant. A domestic abuse no contact order may be issued in
addition to a similar restriction imposed as a condition of pretrial release or probation.
new text end

new text begin (c) A no contact order under this section shall be issued at the same time as any
pretrial release or sentencing issues are decided.
new text end

new text begin Subd. 2. new text end

new text begin Criminal penalties. new text end

new text begin (a) As used in this subdivision "qualified domestic
violence-related offense" has the meaning given in section 609.02, subdivision 16.
new text end

new text begin (b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.
new text end

new text begin (c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
new text end

new text begin (d) A person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both, if the
person knowingly violates this subdivision: (1) within ten years of the first of two or
more previous qualified domestic violence-related offense convictions or adjudications
of delinquency; or (2) while possessing a dangerous weapon, as defined in section
609.02, subdivision 6. Upon a felony conviction under this paragraph in which the
court stays imposition or execution of sentence, the court shall impose at least a 30-day
period of incarceration as a condition of probation. The court also shall order that the
defendant participate in counseling or other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and execute the minimum
sentence provided in this paragraph for felony convictions.
new text end

new text begin Subd. 3. new text end

new text begin Warrantless custodial arrest. new text end

new text begin A peace officer shall arrest without a
warrant and take into custody a person whom the peace officer has probable cause to
believe has violated a domestic abuse no contact order, even if the violation of the order
did not take place in the presence of the peace officer, if the existence of the order can
be verified by the officer. The person shall be held in custody for at least 36 hours,
excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by
a judge or judicial officer. A peace officer acting in good faith and exercising due care in
making an arrest pursuant to this subdivision is immune from civil liability that might
result from the officer's actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace references to Minnesota Statutes, section
518B.01, subdivision 22, in statutes and rules with a reference to Minnesota Statutes,
section 629.75.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 518B.01, subdivision 22, 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 August 1, 2010, and applies to crimes
committed on or after that date.
new text end