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HF 4137

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/12/2020 04:16pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; requiring intent for the crimes of repeated harassing
conduct; amending Minnesota Statutes 2018, sections 609.79, subdivision 1;
609.795, subdivision 1; Minnesota Statutes 2019 Supplement, sections 504B.206,
subdivision 1; 609.749, subdivisions 2, 3; repealing Minnesota Statutes 2018,
section 609.749, subdivision 1a; Minnesota Statutes 2019 Supplement, section
609.749, subdivision 1.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 504B.206, subdivision 1, is
amended to read:


Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may
terminate a lease agreement in the manner provided in this section without penalty or liability,
if the tenant or another authorized occupant fears imminent violence after being subjected
to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451; or

(3) deleted text beginharass, as that term is defineddeleted text endnew text begin harassmentnew text end under section 609.749deleted text begin, subdivision 1deleted text end.

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying
document against the tenant or an authorized occupant if the tenant or authorized occupant
remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date by which the tenant will vacate; and

(4) providing written instructions for the disposition of any remaining personal property
in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail,
fax, or in person, and be accompanied by a qualifying document.

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if
a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants
in the building. The tenant may decline to provide the name of the perpetrator for safety
reasons. Disclosure shall not be a precondition of terminating the lease.

(e) The tenancy terminates, including the right of possession of the premises, as provided
in subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 609.749, subdivision 2, is amended
to read:


Subd. 2.

Harassment crimes.

new text begin (a) As used in this subdivision, the following terms have
the meanings given:
new text end

new text begin (1) "family or household members" has the meaning given in section 518B.01, subdivision
2, paragraph (b);
new text end

new text begin (2) "personal information" has the meaning given in section 617.261, subdivision 7,
paragraph (f);
new text end

new text begin (3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g);
and
new text end

new text begin (4) "substantial emotional distress" means mental distress, mental suffering, or mental
anguish as demonstrated by a victim's response to an act including but not limited to seeking
psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with
a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating
on tasks resulting in a loss of productivity.
new text end

new text begin (b)new text end A person who deleted text beginharasses another by committingdeleted text endnew text begin commitsnew text end any of the deleted text beginfollowingdeleted text end acts
new text begin listed in paragraph (c) new text endis guilty of a gross misdemeanornew text begin if the person, with the intent to kill,
injure, harass, or intimidate another person
new text end:

new text begin (1) places the other person in reasonable fear of substantial bodily harm;
new text end

new text begin (2) places the person in reasonable fear that the person's family or household members
will be subject to substantial bodily harm; or
new text end

new text begin (3) causes or would reasonably be expected to cause substantial emotional distress to
the other person.
new text end

new text begin (c) A person commits harassment under this section if the person:
new text end

(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure
the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available
technological or other means;

(3) returns to the property of another if the actor is without claim of right to the property
or consent of one with authority to consent;

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make
telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through assistive devices for people
with vision impairments or hearing loss, or any communication made through any available
technologies or other objects;

(7) knowingly makes false allegations against a peace officer concerning the officer's
performance of official duties with intent to influence or tamper with the officer's
performance of official duties; or

(8) uses another's personal information, without consent, to invite, encourage, or solicit
a third party to engage in a sexual act with the person.

deleted text begin For purposes of this clause, "personal information" and "sexual act" have the meanings
given in section 617.261, subdivision 7.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 609.749, subdivision 3, is amended
to read:


Subd. 3.

Aggravated violations.

(a) A person who commits any of the following acts
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:

(1) commits any offense described in subdivision 2 because of the victim's or another's
actual or perceived race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin;

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and deleted text beginpossessesdeleted text end a dangerous weapon
deleted text begin at the timedeleted text end new text beginwas used in any way in the commissionnew text end of the offense;

(4) deleted text beginharasses another, as defined in subdivision 1,deleted text endnew text begin commits any offense described in
subdivision 2
new text end with intent to influence or otherwise tamper with a juror or a judicial proceeding
or with intent to retaliate against a judicial officer, as defined in section 609.415, or a
prosecutor, defense attorney, or officer of the court, because of that person's performance
of official duties in connection with a judicial proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 609.79, subdivision 1, is amended to read:


Subdivision 1.

Crime defined; obscene call.

Whoever,

(1) by means of a telephone,

(i) makes any comment, request, suggestion or proposal which is obscene, lewd, or
lascivious,

(ii) new text beginwith the intent to harass or intimidate another person, new text endrepeatedly makes telephone
calls, whether or not conversation ensues, deleted text beginwith intent to abuse, disturb, or cause distressdeleted text endnew text begin
and thereby places the other person in reasonable fear of substantial bodily harm; places
the person in reasonable fear that the person's family or household members will be subject
to substantial bodily harm; or causes or would reasonably be expected to cause substantial
emotional distress to the other person
new text end,new text begin or
new text end

(iii) new text beginwith the intent to harass or intimidate any person at the called or notified number,
new text end makes or causes the telephone of another new text beginto new text endrepeatedly or continuously deleted text begintodeleted text end ringdeleted text begin, with intent
to abuse, disturb, or cause distress in any person at the called number
deleted text endnew text begin or receive electronic
notifications and thereby places the other person in reasonable fear of substantial bodily
harm; places the person in reasonable fear that the person's family or household members
will be subject to substantial bodily harm; or causes or would reasonably be expected to
cause substantial emotional distress as defined in section 609.749, subdivision 2, paragraph
(a), clause (4), to the other person
new text end, or

(2) having control of a telephone, knowingly permits it to be used for any purpose
prohibited by this section,

shall be guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.795, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanors.

Whoever does any of the following is guilty of a
misdemeanor:

(1) knowing that the actor does not have the consent of either the sender or the addressee,
intentionally opens any sealed letter, telegram, or package addressed to another; or

(2) knowing that a sealed letter, telegram, or package has been opened without the
consent of either the sender or addressee, intentionally publishes any of the contents thereof;
or

(3) with the intent to deleted text beginabuse, disturb, or cause distressdeleted text endnew text begin harass or intimidate another personnew text end,
repeatedly mails or delivers or causes the delivery by any means, including electronically,
of letters, telegrams, or packagesnew text begin and thereby places the other person in reasonable fear of
substantial bodily harm; places the person in reasonable fear that the person's family or
household members will be subject to substantial bodily harm; or causes or would reasonably
be expected to cause substantial emotional distress as defined in section 609.749, subdivision
2, paragraph (a), clause (4), to the other person
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 609.749, subdivision 1a, new text end new text begin is repealed.
new text end

new text begin Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H4137-1

609.749 HARASSMENT; STALKING; PENALTIES.

Subdivision 1.

Definition.

As used in this section, "harass" means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.

Subd. 1a.

No proof of specific intent required.

In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor intended to cause any other result.