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HF 4137

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 01:24pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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, 8; 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); and
new text end

new text begin (3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph (g).
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, attempts to cause, 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 possesses a dangerous weapon
at the time 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 2019 Supplement, section 609.749, subdivision 8, is amended
to read:


Subd. 8.

Harassment; stalking; firearms.

(a) When a person is convicted of deleted text beginharassment
or stalking
deleted text endnew text begin a crimenew text end under this section and the court determines that the person used a firearm
in any way during commission of the crime, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this paragraph is guilty of a gross
misdemeanor. At the time of the conviction, the court shall inform the defendant for how
long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor
to violate this paragraph. The failure of the court to provide this information to a defendant
does not affect the applicability of the firearm possession prohibition or the gross
misdemeanor penalty to that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of
deleted text begin harassment or stalkingdeleted text endnew text begin a crimenew text end under this section, the court shall inform the defendant that
the defendant is prohibited from possessing a firearm for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
of the court to provide this information to a defendant does not affect the applicability of
the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1996, of deleted text beginharassment or stalkingdeleted text endnew text begin a
crime
new text end under this section, or to possess a firearm if the person has been convicted on or after
August 1, 2014, of deleted text beginharassment or stalkingdeleted text endnew text begin a crimenew text end under this section, unless three years
have elapsed from the date of conviction and, during that time, the person has not been
convicted of any other violation of this section. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of deleted text beginharassment or stalkingdeleted text endnew text begin a crimenew text end
under this section owns or possesses a firearm and used it in any way during the commission
of the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3
.

(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted
of deleted text beginharassment or stalkingdeleted text endnew text begin a crimenew text end under this section, the court shall order the defendant to
transfer any firearms that the person possesses, within three business days, to a federally
licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. A defendant may not transfer firearms to a third party who resides with
the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer
or law enforcement agency may charge the defendant a reasonable fee to store the person's
firearms and may establish policies for disposal of abandoned firearms, provided such
policies require that the person be notified via certified mail prior to disposal of abandoned
firearms. For temporary firearms transfers under this paragraph, a law enforcement agency,
federally licensed firearms dealer, or third party shall exercise due care to preserve the
quality and function of the transferred firearms and shall return the transferred firearms to
the person upon request after the expiration of the prohibiting time period imposed under
this subdivision, provided the person is not otherwise prohibited from possessing firearms
under state or federal law. The return of temporarily transferred firearms to a defendant
shall comply with state and federal law. If a defendant permanently transfers the defendant's
firearms to a law enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law enforcement agency is
not required to accept a person's firearm under this paragraph. The court shall order that the
person surrender all permits to carry and purchase firearms to the sheriff.

(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.

(g) When a person is convicted of deleted text beginharassment or stalkingdeleted text endnew text begin a crimenew text end under this section, the
court shall determine by a preponderance of the evidence if the person poses an imminent
risk of causing another person substantial bodily harm. Upon a finding of imminent risk,
the court shall order that the local law enforcement agency take immediate possession of
all firearms in the person's possession. The local law enforcement agency shall exercise due
care to preserve the quality and function of the defendant's firearms and shall return the
firearms to the person upon request after the expiration of the prohibiting time period,
provided the person is not otherwise prohibited from possessing firearms under state or
federal law. The local law enforcement agency shall, upon written notice from the person,
transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully
receive them. Before a local law enforcement agency transfers a firearm under this paragraph,
the agency shall require the third party or federally licensed firearms dealer receiving the
firearm to submit an affidavit or proof of transfer that complies with the requirements for
affidavits or proofs of transfer established in paragraph (f). The agency shall file all affidavits
or proofs of transfer received with the court within two business days of the transfer. The
court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally
licensed firearms dealer or third party who accepts a firearm transfer pursuant to this
paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant.
If the law enforcement agency does not receive written notice from the defendant within
three business days, the agency may charge a reasonable fee to store the defendant's firearms.
A law enforcement agency may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified via certified mail prior to disposal
of abandoned firearms.

Sec. 5.

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 death or serious bodily injury;
places the person in reasonable fear that the person's family or household members will be
subject to death or serious bodily injury; or causes, attempts to cause, 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 death or serious bodily
injury; places the person in reasonable fear that the person's family or household members
will be subject to death or serious bodily injury; or causes, attempts to cause, or would
reasonably be expected to cause substantial emotional distress 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. 6.

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
death or serious bodily injury; places the person in reasonable fear that the person's family
or household members will be subject to death or serious bodily injury; or causes, attempts
to cause, or would reasonably be expected to cause substantial emotional distress 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. 7. 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: 20-7881

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.