HF 3091

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to domestic abuse; creating enhanced penalties for the crime of violating
a domestic abuse no contact order; adding the crime of violating a domestic
abuse no contact order to the list of qualified domestic violence-related offenses;
amending Minnesota Statutes 2005 Supplement, sections 518B.01, subdivision
22; 609.02, subdivision 16.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22,
is amended to read:

Subd. 22.

Domestic abuse no contact order.

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

(1) domestic abuse;

(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.

(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.

(c) new text begin A person is guilty of a gross misdemeanor who knowingly violates this
subdivision during the time period between a previous qualified domestic violence-related
offense conviction and the end of the five years following discharge from sentence for
that offense.
new text end

new text begin (d) new text end 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 paragraph is
immune from civil liability that might result from the officer's actions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is
amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01, subdivision
14 (violation of domestic abuse order for protection); new text begin 518B.01, subdivision 22
(violation of domestic abuse no contact order); new text end 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);
609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault
by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child);
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); and 609.749 (harassment/stalking); and similar laws of other states, the United
States, the District of Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end