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HF 3586

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

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/16/2006

Current Version - as introduced

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A bill for an act
relating to domestic abuse; providing for enforcement of foreign protective
orders; amending Minnesota Statutes 2004, section 518B.01, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, section 518B.01, is amended by adding a
subdivision to read:


new text begin Subd. 19a. new text end

new text begin Entry and enforcement of foreign protective orders. new text end

new text begin (a) As used in
this subdivision, "foreign protective order" means an order for protection entered by
a court of another state; and order by an Indian tribe which includes orders entered in
child welfare proceedings, or United States territory that would be a protective order
entered under this chapter; a temporary or permanent order or protective order to exclude
a respondent from a dwelling; or an order that establishes conditions of release or is
a protective order or sentencing order in a criminal prosecution arising from a domestic
abuse assault if it had been entered in Minnesota.
new text end

new text begin (b) A person for whom a foreign protection order has been issued or the issuing court
or tribunal may provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the order was entered may
be present, for filing and entering of the same into the state order for prosecution database.
new text end

new text begin (c) The court administrator shall file and enter foreign protective orders that are
not certified or authenticated, if supported by an affidavit of a person with personal
knowledge, subject to the penalties for perjury. The person protected by the order may
provide this affidavit.
new text end

new text begin (d) The court administrator shall provide copies of the order as required by this
section.
new text end

new text begin (e) A valid foreign protective order has the same effect and shall be enforced in the
same manner as an order for protection issued in this state whether or not filed with a court
administrator or otherwise entered in the state order for protection database.
new text end

new text begin (f) A foreign protective order is presumed valid if it meets all of the following:
new text end

new text begin (1) The order states the name of the protected individual and the individual against
whom enforcement is sought;
new text end

new text begin (2) the order has not expired;
new text end

new text begin (3) the order was issued by a court or tribunal that had jurisdiction over the parties
and subject matter under the law of the foreign jurisdiction; and
new text end

new text begin (4) the order was issued in accordance with the respondent's due process rights,
either after the respondent was provided with reasonable notice and an opportunity to be
heard before the court or tribunal that issued the order, or in the case of an ex parte order,
the respondent was granted notice and an opportunity to be heard within a reasonable
time after the order was issued.
new text end

new text begin (g) Proof that a foreign protective order failed to meet all of the factors listed in
paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
new text end

new text begin (h) A peace officer shall treat a foreign protective order as a valid legal document
and shall make an arrest for a violation of the foreign protective order in the same manner
that a peace officer would make an arrest for a violation of a protective order issued
within this state.
new text end

new text begin (i) The fact that a foreign protective order has not been filed with the court
administrator or otherwise entered into the state order for protection database shall not be
grounds to refuse to enforce the terms of the order unless it is apparent to the officer that
the order is invalid on its face.
new text end

new text begin (j) A peace officer acting reasonably and in good faith in connection with the
enforcement of a foreign protective order is immune from civil and criminal liability in
any action arising in connection with the enforcement.
new text end

new text begin (k) Filing and service costs in connection with foreign protective orders are waived.
new text end