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HF 738

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 03:44pm

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

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; providing public notice for release hearing for killers
of peace officers; modifying certain harassment restraining order provisions;
amending Minnesota Statutes 2010, sections 244.05, by adding a subdivision;
609.748, subdivisions 4, 5, 6.

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

Section 1.

Minnesota Statutes 2010, section 244.05, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Public notice of release hearing for killers of peace officers. new text end

new text begin (a) At
least 30 days before a hearing to consider the release of an inmate sentenced to life
imprisonment for committing murder in the first degree involving the killing of a peace
officer or a guard employed at a Minnesota or local correctional facility, the commissioner
shall post on the department's Web site information about the hearing. The information
posted may include only public information about the inmate, the circumstances of the
case, and the scheduled hearing.
new text end

new text begin (b) A member of the public may submit a written statement at the review hearing.
Nothing in this subdivision may be interpreted to circumvent or limit the rights of
the victim, the victim's family, the inmate, or the criminal justice community specified
elsewhere in law to notice of the hearing or the right to participate in it.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.748, subdivision 4, is amended to read:


Subd. 4.

Temporary restraining ordernew text begin; relief by courtnew text end.

(a) The court may issue a
temporary restraining order deleted text beginorderingdeleted text endnew text begin that provides any or all of the following:
new text end

new text begin (1) ordersnew text end the respondent to cease or avoid the harassment of another person deleted text beginor todeleted text endnew text begin; or
new text end

new text begin (2) orders the respondent tonew text end have no contact with deleted text beginthatdeleted text endnew text begin anothernew text end personnew text begin.
new text end

new text begin (b) The court may issue an order under paragraph (a) new text endif the petitioner files a petition
in compliance with subdivision 3 and if the court finds reasonable grounds to believe that
the respondent has engaged in harassment. When a petition alleges harassment as defined
by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
and present danger of harassment before the court may issue a temporary restraining order
under this section. When signed by a referee, the temporary order becomes effective
upon the referee's signature.

deleted text begin (b)deleted text endnew text begin (c)new text end Notice need not be given to the respondent before the court issues a temporary
restraining order under this subdivision. A copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as provided in subdivision 3.
If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
with notice of the pendency of the case and the time and place of the hearing, shall also
be served by mail at the last known address upon any parent or guardian of the juvenile
respondent who is not the petitioner. A temporary restraining order may be entered only
against the respondent named in the petition.

deleted text begin (c)deleted text endnew text begin (d)new text end The temporary restraining order is in effect until a hearing is held on the
issuance of a restraining order under subdivision 5. The court shall hold the hearing on
the issuance of a restraining order if the petitioner requests a hearing. The hearing may
be continued by the court upon a showing that the respondent has not been served with a
copy of the temporary restraining order despite the exercise of due diligence or if service
is made by published notice under subdivision 3 and the petitioner files the affidavit
required under that subdivision.

deleted text begin (d)deleted text endnew text begin (e)new text end If the temporary restraining order has been issued and the respondent requests
a hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
request. Service of the notice of hearing must be made upon the petitioner not less than
five days prior to the hearing. The court shall serve the notice of the hearing upon the
petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings
subsequent to a complaint and motions and shall also mail notice of the date and time of
the hearing to the respondent. In the event that service cannot be completed in time to
give the respondent or petitioner the minimum notice required under this subdivision, the
court may set a new hearing date.

deleted text begin (e)deleted text endnew text begin (f)new text end A request for a hearing under this subdivision must be made within 45 days
after the temporary restraining order is issued.

Sec. 3.

Minnesota Statutes 2010, section 609.748, subdivision 5, is amended to read:


Subd. 5.

Restraining order.

(a) The court may deleted text begingrantdeleted text endnew text begin issuenew text end a restraining order
deleted text begin orderingdeleted text endnew text begin that provides any or all of the following:
new text end

new text begin (1) ordersnew text end the respondent to cease or avoid the harassment of another person deleted text beginor todeleted text endnew text begin; or
new text end

new text begin (2) orders the respondent to new text end have no contact with deleted text beginthatdeleted text endnew text begin anothernew text end personnew text begin.
new text end

new text begin (b) The court may issue an order under paragraph (a)new text end if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition;
except that if the respondent is an organization, the order may be issued against and
apply to all of the members of the organization. If the court finds that the petitioner has
had two or more previous restraining orders in effect against the same respondent or the
respondent has violated a prior or existing restraining order on two or more occasions,
relief granted by the restraining order may be for a period of up to 50 years. In all other
cases, relief granted by the restraining order must be for a fixed period of not more than
two years. When a referee presides at the hearing on the petition, the restraining order
becomes effective upon the referee's signature.

deleted text begin (b)deleted text endnew text begin (c)new text end An order issued under this subdivision must be personally served upon the
respondent.

deleted text begin (c)deleted text endnew text begin (d)new text end If the court orders relief for a period of up to 50 years under paragraph (a),
the respondent named in the restraining order may request to have the restraining order
vacated or modified if the order has been in effect for at least five years and the respondent
has not violated the order. Application for relief under this paragraph must be made in the
county in which the restraining order was issued. Upon receipt of the request, the court
shall set a hearing date. Personal service must be made upon the petitioner named in the
restraining order not less than 30 days before the date of the hearing. At the hearing, the
respondent named in the restraining order has the burden of proving by a preponderance
of the evidence that there has been a material change in circumstances and that the reasons
upon which the court relied in granting the restraining order no longer apply and are
unlikely to occur. If the court finds that the respondent named in the restraining order has
met the burden of proof, the court may vacate or modify the order. If the court finds that the
respondent named in the restraining order has not met the burden of proof, the court shall
deny the request and no request may be made to vacate or modify the restraining order
until five years have elapsed from the date of denial. An order vacated or modified under
this paragraph must be personally served on the petitioner named in the restraining order.

Sec. 4.

Minnesota Statutes 2010, section 609.748, subdivision 6, is amended to read:


Subd. 6.

Violation of restraining order.

(a) A person who violates a restraining
order issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
restraining order or a restraining order is granted under this section and the respondent
knows of the order, violation of the order is a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly violates the order
within ten years of a previous qualified domestic violence-related offense conviction
or adjudication of delinquency.

(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 the order:

(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency;

(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;

(3) by falsely impersonating another;

(4) while possessing a dangerous weapon;

(5) with an 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

(6) against a victim under the age of 18, if the respondent is more than 36 months
older than the victim.

(e) new text beginA person who commits violations in two or more counties may be prosecuted in
any county in which one of the acts was committed for all acts in violation of this section.
new text end

new text begin (f) A person may be prosecuted at the place where any call is made or received or, in
the case of wireless or electronic communication or any communication made through
any available technologies, where the actor or victim resides, or in the jurisdiction of
the victim's designated address if the victim participates in the address confidentiality
program established under chapter 5B.
new text end

new text begin (g) new text endA peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order issued under
subdivision 4 or 5 if the existence of the order can be verified by the officer.

deleted text begin (f)deleted text endnew text begin (h)new text end A violation of a temporary restraining order or restraining order shall also
constitute contempt of court.

deleted text begin (g)deleted text endnew text begin (i)new text end Upon the filing of an affidavit by the petitioner, any peace officer, or an
interested party designated by the court, alleging that the respondent has violated an order
issued under subdivision 4 or 5, the court may issue an order to the respondent requiring
the respondent to appear within 14 days and show cause why the respondent should not
be held in contempt of court. The court also shall refer the violation of the order to the
appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).