HF 771

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2022 03:50pm

A bill for an act
relating to public safety; establishing the crime of residential protesting; proposing
coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.73] RESIDENTIAL PROTESTING.
new text end

new text begin Subdivision 1. new text end

new text begin Residential protesting. new text end

new text begin A person who protests before or about the
residence or dwelling of any person, except when the residence or dwelling is used as a
place of business, commits residential protesting and may be sentenced as provided in
subdivision 2. This section does not prohibit the peaceful protesting of the place of holding
a meeting or assembly on premises commonly used to discuss subjects of general public
interest.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as otherwise provided in paragraph (b), a person who
violates this section is guilty of a misdemeanor.
new text end

new text begin (b) A person is guilty of a gross misdemeanor if the person violates this section:
new text end

new text begin (1) after a previous conviction under this section; or
new text end

new text begin (2) when the person is the subject of any of the following court orders directing the
person to cease or avoid the harassment of an occupant of the residential building or to have
no contact with an occupant of the residential building, and the respondent knows of the
order:
new text end

new text begin (i) an order for protection issued under section 518B.01;
new text end

new text begin (ii) a restraining order issued pursuant to section 609.748;
new text end

new text begin (iii) a domestic abuse no contact order issued pursuant to section 629.75;
new text end

new text begin (iv) a condition of pretrial release issued pursuant to rule 6.02 of the Rules of Criminal
Procedure; or
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new text begin (v) a temporary restraining order or other injunction issued pursuant to rule 65 of the
Rules of Civil Procedure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end