SF 609

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; providing for enforcement 
  1.3             of orders for protection issued in other states; 
  1.4             providing for child safety in certain instances; 
  1.5             imposing criminal penalties; amending Minnesota 
  1.6             Statutes 1996, sections 256F.09, subdivisions 2 and 3; 
  1.7             480.30, subdivision 1; 518.10; 518.175, subdivision 5, 
  1.8             and by adding a subdivision; 518B.01, subdivisions 4, 
  1.9             8, 14, 17, and 18. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                             ARTICLE 1
  1.12       ENFORCEMENT OF ORDERS FOR PROTECTION FROM OTHER STATES
  1.13     Section 1.  Minnesota Statutes 1996, section 518B.01, 
  1.14  subdivision 14, is amended to read: 
  1.15     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
  1.16  Whenever an order for protection is granted pursuant to this 
  1.17  section or a similar law of another state, and the respondent or 
  1.18  person to be restrained knows of the order, violation of the 
  1.19  order for protection is a misdemeanor.  Upon conviction, the 
  1.20  defendant must be sentenced to a minimum of three days 
  1.21  imprisonment and must be ordered to participate in counseling or 
  1.22  other appropriate programs selected by the court.  If the court 
  1.23  stays imposition or execution of the jail sentence and the 
  1.24  defendant refuses or fails to comply with the court's treatment 
  1.25  order, the court must impose and execute the stayed jail 
  1.26  sentence.  A person is guilty of a gross misdemeanor who 
  1.27  violates this paragraph during the time period between a 
  2.1   previous conviction under this paragraph; sections 609.221 to 
  2.2   609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
  2.3   subdivision 6; 609.749; or a similar law of another state and 
  2.4   the end of the five years following discharge from sentence for 
  2.5   that conviction.  Upon conviction, the defendant must be 
  2.6   sentenced to a minimum of ten days imprisonment and must be 
  2.7   ordered to participate in counseling or other appropriate 
  2.8   programs selected by the court.  Notwithstanding section 
  2.9   609.135, the court must impose and execute the minimum sentence 
  2.10  provided in this paragraph for gross misdemeanor convictions. 
  2.11     (b) A peace officer shall arrest without a warrant and take 
  2.12  into custody a person whom the peace officer has probable cause 
  2.13  to believe has violated an order granted pursuant to this 
  2.14  section or a similar law of another state restraining the person 
  2.15  or excluding the person from the residence or the petitioner's 
  2.16  place of employment, even if the violation of the order did not 
  2.17  take place in the presence of the peace officer, if the 
  2.18  existence of the order can be verified by the officer.  The 
  2.19  person shall be held in custody for at least 36 hours, excluding 
  2.20  the day of arrest, Sundays, and holidays, unless the person is 
  2.21  released earlier by a judge or judicial officer.  A peace 
  2.22  officer acting in good faith and exercising due care in making 
  2.23  an arrest pursuant to this paragraph is immune from civil 
  2.24  liability that might result from the officer's actions. 
  2.25     (c) A violation of an order for protection shall also 
  2.26  constitute contempt of court and be subject to the penalties 
  2.27  therefor.  
  2.28     (d) If the court finds that the respondent has violated an 
  2.29  order for protection and that there is reason to believe that 
  2.30  the respondent will commit a further violation of the provisions 
  2.31  of the order restraining the respondent from committing acts of 
  2.32  domestic abuse or excluding the respondent from the petitioner's 
  2.33  residence, the court may require the respondent to acknowledge 
  2.34  an obligation to comply with the order on the record.  The court 
  2.35  may require a bond sufficient to deter the respondent from 
  2.36  committing further violations of the order for protection, 
  3.1   considering the financial resources of the respondent, and not 
  3.2   to exceed $10,000.  If the respondent refuses to comply with an 
  3.3   order to acknowledge the obligation or post a bond under this 
  3.4   paragraph, the court shall commit the respondent to the county 
  3.5   jail during the term of the order for protection or until the 
  3.6   respondent complies with the order under this paragraph.  The 
  3.7   warrant must state the cause of commitment, with the sum and 
  3.8   time for which any bond is required.  If an order is issued 
  3.9   under this paragraph, the court may order the costs of the 
  3.10  contempt action, or any part of them, to be paid by the 
  3.11  respondent.  An order under this paragraph is appealable.  
  3.12     (e) Upon the filing of an affidavit by the petitioner, any 
  3.13  peace officer, or an interested party designated by the court, 
  3.14  alleging that the respondent has violated any order for 
  3.15  protection granted pursuant to this section or a similar law of 
  3.16  another state, the court may issue an order to the respondent, 
  3.17  requiring the respondent to appear and show cause within 14 days 
  3.18  why the respondent should not be found in contempt of court and 
  3.19  punished therefor.  The hearing may be held by the court in any 
  3.20  county in which the petitioner or respondent temporarily or 
  3.21  permanently resides at the time of the alleged violation, or in 
  3.22  the county in which the alleged violation occurred, if the 
  3.23  petitioner and respondent do not reside in this state.  The 
  3.24  court also shall refer the violation of the order for protection 
  3.25  to the appropriate prosecuting authority for possible 
  3.26  prosecution under paragraph (a). 
  3.27     (f) If it is alleged that the respondent has violated an 
  3.28  order for protection issued under subdivision 6 or a similar law 
  3.29  of another state and the court finds that the order has expired 
  3.30  between the time of the alleged violation and the court's 
  3.31  hearing on the violation, the court may grant a new order for 
  3.32  protection under subdivision 6 based solely on the respondent's 
  3.33  alleged violation of the prior order, to be effective until the 
  3.34  hearing on the alleged violation of the prior order.  If the 
  3.35  court finds that the respondent has violated the prior order, 
  3.36  the relief granted in the new order for protection shall be 
  4.1   extended for a fixed period, not to exceed one year, except when 
  4.2   the court determines a longer fixed period is appropriate. 
  4.3      (g) The admittance into petitioner's dwelling of an abusing 
  4.4   party excluded from the dwelling under an order for protection 
  4.5   is not a violation by the petitioner of the order for protection.
  4.6      A peace officer is not liable under section 609.43, clause 
  4.7   (1), for a failure to perform a duty required by paragraph (b). 
  4.8      (h) When a person is convicted under paragraph (a) of 
  4.9   violating an order for protection under this section and the 
  4.10  court determines that the person used a firearm in any way 
  4.11  during commission of the violation, the court may order that the 
  4.12  person is prohibited from possessing any type of firearm for any 
  4.13  period longer than three years or for the remainder of the 
  4.14  person's life.  A person who violates this paragraph is guilty 
  4.15  of a gross misdemeanor.  At the time of the conviction, the 
  4.16  court shall inform the defendant whether and for how long the 
  4.17  defendant is prohibited from possessing a firearm and that it is 
  4.18  a gross misdemeanor to violate this paragraph.  The failure of 
  4.19  the court to provide this information to a defendant does not 
  4.20  affect the applicability of the firearm possession prohibition 
  4.21  or the gross misdemeanor penalty to that defendant. 
  4.22     (i) Except as otherwise provided in paragraph (h), when a 
  4.23  person is convicted under paragraph (a) of violating an order 
  4.24  for protection under this section, the court shall inform the 
  4.25  defendant that the defendant is prohibited from possessing a 
  4.26  pistol for three years from the date of conviction and that it 
  4.27  is a gross misdemeanor offense to violate this prohibition.  The 
  4.28  failure of the court to provide this information to a defendant 
  4.29  does not affect the applicability of the pistol possession 
  4.30  prohibition or the gross misdemeanor penalty to that defendant. 
  4.31     (j) Except as otherwise provided in paragraph (h), a person 
  4.32  is not entitled to possess a pistol if the person has been 
  4.33  convicted under paragraph (a) after August 1, 1996, of violating 
  4.34  an order for protection under this section, unless three years 
  4.35  have elapsed from the date of conviction and, during that time, 
  4.36  the person has not been convicted of any other violation of this 
  5.1   section.  Property rights may not be abated but access may be 
  5.2   restricted by the courts.  A person who possesses a pistol in 
  5.3   violation of this paragraph is guilty of a gross misdemeanor. 
  5.4      (k) If the court determines that a person convicted under 
  5.5   paragraph (a) of violating an order for protection under this 
  5.6   section owns or possesses a firearm and used it in any way 
  5.7   during the commission of the violation, it shall order that the 
  5.8   firearm be summarily forfeited under section 609.5316, 
  5.9   subdivision 3. 
  5.10     Sec. 2.  Minnesota Statutes 1996, section 518B.01, 
  5.11  subdivision 18, is amended to read: 
  5.12     Subd. 18.  [NOTICES.] Each order for protection granted 
  5.13  under this chapter must contain a conspicuous notice to the 
  5.14  respondent or person to be restrained that: 
  5.15     (1) violation of an order for protection is a misdemeanor 
  5.16  punishable by imprisonment for up to 90 days or a fine of up to 
  5.17  $700 or both; 
  5.18     (2) the respondent is forbidden to enter or stay at the 
  5.19  petitioner's residence, even if invited to do so by the 
  5.20  petitioner or any other person; in no event is the order for 
  5.21  protection voided; and 
  5.22     (3) a peace officer must arrest without warrant and take 
  5.23  into custody a person whom the peace officer has probable cause 
  5.24  to believe has violated an order for protection restraining the 
  5.25  person or excluding the person from a residence; and 
  5.26     (4) pursuant to the Violence Against Women Act of 1994, 
  5.27  United States Code, title 18, section 2265, the order is 
  5.28  enforceable in all 50 states, the District of Columbia, tribal 
  5.29  lands, and United States territories, that violation of the 
  5.30  order may also subject the respondent to federal charges and 
  5.31  punishment under United States Code, title 18, sections 2261 and 
  5.32  2262, and that if a final order is entered against the 
  5.33  respondent after the hearing, the respondent may be prohibited 
  5.34  from possessing, transporting, or accepting a firearm under the 
  5.35  1994 amendment to the Gun Control Act, United States Code, title 
  5.36  18, section 922(g)(8). 
  6.1      Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  6.2      Sections 1 and 2 are effective August 1, 1997, and apply to 
  6.3   offenses committed on or after that date. 
  6.4                              ARTICLE 2
  6.5                             CHILD SAFETY
  6.6      Section 1.  Minnesota Statutes 1996, section 256F.09, 
  6.7   subdivision 2, is amended to read: 
  6.8      Subd. 2.  [FUNDING.] The commissioner may award grants to 
  6.9   create or maintain family visitation centers. 
  6.10     In awarding grants to maintain a family visitation center, 
  6.11  the commissioner may award a grant to a center that can 
  6.12  demonstrate a 35 percent local match, provided the center is 
  6.13  diligently exploring and pursuing all available funding options 
  6.14  in an effort to become self-sustaining, and those efforts are 
  6.15  reported to the commissioner. 
  6.16     In awarding grants to create a family visitation center, 
  6.17  the commissioner shall give priority to: 
  6.18     (1) areas of the state where no other family visitation 
  6.19  center or similar facility exists; 
  6.20     (2) applicants who demonstrate that private funding for the 
  6.21  center is available and will continue; and 
  6.22     (3) facilities that are adapted for use to care for 
  6.23  children, such as day care centers, religious institutions, 
  6.24  community centers, schools, technical colleges, parenting 
  6.25  resource centers, and child care referral services.  
  6.26     In awarding grants to create or maintain a family 
  6.27  visitation center, the commissioner shall require the proposed 
  6.28  center to meet standards developed by the commissioner to ensure 
  6.29  the safety of the custodial parent and children. 
  6.30     Sec. 2.  Minnesota Statutes 1996, section 256F.09, 
  6.31  subdivision 3, is amended to read: 
  6.32     Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
  6.33  center may provide parenting and child development classes, and 
  6.34  offer support groups to participating custodial parents and hold 
  6.35  regular classes designed to assist children who have experienced 
  6.36  domestic violence and abuse.  Each family visitation center must 
  7.1   have available an individual knowledgeable about or experienced 
  7.2   in the provision of services to battered women on its staff, its 
  7.3   board of directors, or otherwise available to it for 
  7.4   consultation. 
  7.5      Sec. 3.  Minnesota Statutes 1996, section 480.30, 
  7.6   subdivision 1, is amended to read: 
  7.7      Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
  7.8   The supreme court's judicial education program must include 
  7.9   ongoing training for district court judges on child and 
  7.10  adolescent sexual abuse, domestic abuse, harassment, stalking, 
  7.11  and related civil and criminal court issues.  The program must 
  7.12  include the following: 
  7.13     (1) information about the specific needs of victims.  The 
  7.14  program must include; 
  7.15     (2) education on the causes of sexual abuse and family 
  7.16  violence and; 
  7.17     (3) education on culturally responsive approaches to 
  7.18  serving victims; 
  7.19     (4) education on the impacts of domestic abuse and domestic 
  7.20  abuse allegations on children and the importance of considering 
  7.21  these impacts when making visitation and child custody decisions 
  7.22  under chapter 518; and 
  7.23     (5) information on alleged and substantiated reports of 
  7.24  domestic abuse, including, but not limited to, department of 
  7.25  human services survey data. 
  7.26     The program also must emphasize the need for the 
  7.27  coordination of court and legal victim advocacy services and 
  7.28  include education on sexual abuse and domestic abuse programs 
  7.29  and policies within law enforcement agencies and prosecuting 
  7.30  authorities as well as the court system.  
  7.31     Sec. 4.  Minnesota Statutes 1996, section 518.10, is 
  7.32  amended to read: 
  7.33     518.10 [REQUISITES OF PETITION.] 
  7.34     The petition for dissolution of marriage or legal 
  7.35  separation shall state and allege: 
  7.36     (a) The name and address of the petitioner and any prior or 
  8.1   other name used by the petitioner; 
  8.2      (b) The name and, if known, the address of the respondent 
  8.3   and any prior or other name used by the respondent and known to 
  8.4   the petitioner; 
  8.5      (c) The place and date of the marriage of the parties; 
  8.6      (d) In the case of a petition for dissolution, that either 
  8.7   the petitioner or the respondent or both:  
  8.8      (1) Has resided in this state for not less than 180 days 
  8.9   immediately preceding the commencement of the proceeding, or 
  8.10     (2) Has been a member of the armed services and has been 
  8.11  stationed in this state for not less than 180 days immediately 
  8.12  preceding the commencement of the proceeding, or 
  8.13     (3) Has been a domiciliary of this state for not less than 
  8.14  180 days immediately preceding the commencement of the 
  8.15  proceeding; 
  8.16     (e) The name at the time of the petition and any prior or 
  8.17  other name, age and date of birth of each living minor or 
  8.18  dependent child of the parties born before the marriage or born 
  8.19  or adopted during the marriage and a reference to, and the 
  8.20  expected date of birth of, a child of the parties conceived 
  8.21  during the marriage but not born; 
  8.22     (f) Whether or not a separate proceeding for dissolution, 
  8.23  legal separation, or custody is pending in a court in this state 
  8.24  or elsewhere; 
  8.25     (g) In the case of a petition for dissolution, that there 
  8.26  has been an irretrievable breakdown of the marriage 
  8.27  relationship; 
  8.28     (h) In the case of a petition for legal separation, that 
  8.29  there is a need for a decree of legal separation; and 
  8.30     (i) Any temporary or permanent maintenance, child support, 
  8.31  child custody, disposition of property, attorneys' fees, costs 
  8.32  and disbursements applied for without setting forth the amounts; 
  8.33  and 
  8.34     (j) Whether an order for protection under chapter 518B or a 
  8.35  similar law of another state that governs the parties or a party 
  8.36  and a minor child of the parties is in effect and, if so, the 
  9.1   district court or similar jurisdiction in which it was entered. 
  9.2      The petition shall be verified by the petitioner or 
  9.3   petitioners, and its allegations established by competent 
  9.4   evidence.  
  9.5      Sec. 5.  Minnesota Statutes 1996, section 518.175, is 
  9.6   amended by adding a subdivision to read: 
  9.7      Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
  9.8   a custodial parent requests supervised visitation under 
  9.9   subdivision 1 or 5 and an order for protection under chapter 
  9.10  518B or a similar law of another state is in effect against the 
  9.11  noncustodial parent to protect the custodial parent or the 
  9.12  child, the judge or judicial officer must consider the order for 
  9.13  protection in making a decision regarding visitation. 
  9.14     (b) The state court administrator, in consultation with 
  9.15  representatives of custodial and noncustodial parents and other 
  9.16  interested persons, shall develop standards to be met by persons 
  9.17  who are responsible for supervising visitation.  Either parent 
  9.18  may challenge the appropriateness of an individual chosen by the 
  9.19  court to supervise visitation. 
  9.20     Sec. 6.  Minnesota Statutes 1996, section 518.175, 
  9.21  subdivision 5, is amended to read: 
  9.22     Subd. 5.  The court shall modify an order granting or 
  9.23  denying visitation rights whenever modification would serve the 
  9.24  best interests of the child.  Except as provided in section 
  9.25  631.52, the court may not restrict visitation rights unless it 
  9.26  finds that:  
  9.27     (1) the visitation is likely to endanger the child's 
  9.28  physical or emotional health or impair the child's emotional 
  9.29  development; or 
  9.30     (2) the noncustodial parent has chronically and 
  9.31  unreasonably failed to comply with court-ordered visitation. 
  9.32     If the custodial parent makes specific allegations that 
  9.33  visitation places the custodial parent or child in danger of 
  9.34  harm, the court shall hold a hearing at the earliest possible 
  9.35  time to determine the need to modify the order granting 
  9.36  visitation rights.  Consistent with subdivision 1a, the court 
 10.1   may require a third party, including the local social services 
 10.2   agency, to supervise the visitation or may restrict a parent's 
 10.3   visitation rights if necessary to protect the custodial parent 
 10.4   or child from harm.  
 10.5      Sec. 7.  Minnesota Statutes 1996, section 518B.01, 
 10.6   subdivision 4, is amended to read: 
 10.7      Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
 10.8   action known as a petition for an order for protection in cases 
 10.9   of domestic abuse.  
 10.10     (a) A petition for relief under this section may be made by 
 10.11  any family or household member personally or by a family or 
 10.12  household member, a guardian as defined in section 524.1-201, 
 10.13  clause (20), or, if the court finds that it is in the best 
 10.14  interests of the minor, by a reputable adult age 25 or older on 
 10.15  behalf of minor family or household members.  A minor age 16 or 
 10.16  older may make a petition on the minor's own behalf against a 
 10.17  spouse or former spouse, or a person with whom the minor has a 
 10.18  child in common, if the court determines that the minor has 
 10.19  sufficient maturity and judgment and that it is in the best 
 10.20  interests of the minor. 
 10.21     (b) A petition for relief shall allege the existence of 
 10.22  domestic abuse, and shall be accompanied by an affidavit made 
 10.23  under oath stating the specific facts and circumstances from 
 10.24  which relief is sought.  
 10.25     (c) A petition for relief must state whether the petitioner 
 10.26  has ever had an order for protection in effect against the 
 10.27  respondent. 
 10.28     (d) A petition for relief must state whether there is an 
 10.29  existing order for protection in effect under this chapter 
 10.30  governing both the parties and whether there is a pending 
 10.31  lawsuit, complaint, petition or other action between the parties 
 10.32  under chapter 257, 518, 518A, 518B, or 518C.  The court 
 10.33  administrator shall verify the terms of any existing order 
 10.34  governing the parties.  The court may not delay granting relief 
 10.35  because of the existence of a pending action between the parties 
 10.36  or the necessity of verifying the terms of an existing order.  A 
 11.1   subsequent order in a separate action under this chapter may 
 11.2   modify only the provision of an existing order that grants 
 11.3   relief authorized under subdivision 6, paragraph (a), clause 
 11.4   (1).  A petition for relief may be granted, regardless of 
 11.5   whether there is a pending action between the parties.  
 11.6      (e) The court shall provide simplified forms and clerical 
 11.7   assistance to help with the writing and filing of a petition 
 11.8   under this section.  
 11.9      (f) The court shall advise a petitioner under paragraph (e) 
 11.10  of the right to file a motion and affidavit and to sue in forma 
 11.11  pauperis pursuant to section 563.01 and shall assist with the 
 11.12  writing and filing of the motion and affidavit.  
 11.13     (g) The court shall advise a petitioner under paragraph (e) 
 11.14  of the right to serve the respondent by published notice under 
 11.15  subdivision 5, paragraph (b), if the respondent is avoiding 
 11.16  personal service by concealment or otherwise, and shall assist 
 11.17  with the writing and filing of the affidavit. 
 11.18     (h) The court shall advise the petitioner of the right to 
 11.19  seek restitution under the petition for relief. 
 11.20     (i) The court shall advise the petitioner of the right to 
 11.21  request a hearing under subdivision 7, paragraph (c).  If the 
 11.22  petitioner does not request a hearing, the court shall advise 
 11.23  the petitioner that the respondent may request a hearing and 
 11.24  that notice of the hearing date and time will be provided to the 
 11.25  petitioner by mail at least five days before the hearing. 
 11.26     (j) The court shall advise the petitioner of the right to 
 11.27  request supervised visitation, as provided in section 518.175, 
 11.28  subdivision 1a. 
 11.29     Sec. 8.  Minnesota Statutes 1996, section 518B.01, 
 11.30  subdivision 8, is amended to read: 
 11.31     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
 11.32  NOTICE.] (a) The petition and any order issued under this 
 11.33  section shall be served on the respondent personally. 
 11.34     (b) When service is made out of this state and in the 
 11.35  United States, it may be proved by the affidavit of the person 
 11.36  making the service.  When service is made outside the United 
 12.1   States, it may be proved by the affidavit of the person making 
 12.2   the service, taken before and certified by any United States 
 12.3   minister, charge d'affaires, commissioner, consul, or commercial 
 12.4   agent, or other consular or diplomatic officer of the United 
 12.5   States appointed to reside in the other country, including all 
 12.6   deputies or other representatives of the officer authorized to 
 12.7   perform their duties; or before an office authorized to 
 12.8   administer an oath with the certificate of an officer of a court 
 12.9   of record of the country in which the affidavit is taken as to 
 12.10  the identity and authority of the officer taking the affidavit.  
 12.11     (c) If personal service cannot be made, the court may order 
 12.12  service of the petition and any order issued under this section 
 12.13  by alternate means, or by publication, which publication must be 
 12.14  made as in other actions.  The application for alternate service 
 12.15  must include the last known location of the respondent; the 
 12.16  petitioner's most recent contacts with the respondent; the last 
 12.17  known location of the respondent's employment; the names and 
 12.18  locations of the respondent's parents, siblings, children, and 
 12.19  other close relatives; the names and locations of other persons 
 12.20  who are likely to know the respondent's whereabouts; and a 
 12.21  description of efforts to locate those persons. 
 12.22     The court shall consider the length of time the 
 12.23  respondent's location has been unknown, the likelihood that the 
 12.24  respondent's location will become known, the nature of the 
 12.25  relief sought, and the nature of efforts made to locate the 
 12.26  respondent.  The court shall order service by first class mail, 
 12.27  forwarding address requested, to any addresses where there is a 
 12.28  reasonable possibility that mail or information will be 
 12.29  forwarded or communicated to the respondent.  
 12.30     The court may also order publication, within or without the 
 12.31  state, but only if it might reasonably succeed in notifying the 
 12.32  respondent of the proceeding.  Service shall be deemed complete 
 12.33  14 days after mailing or 14 days after court-ordered publication.
 12.34     (d) A petition and any order issued under this section must 
 12.35  include a notice to the respondent that if an order for 
 12.36  protection is issued to protect the petitioner or a child of the 
 13.1   parties, upon request of the petitioner in any visitation 
 13.2   proceeding, the court shall consider the order for protection in 
 13.3   making a decision regarding visitation.  
 13.4      Sec. 9.  Minnesota Statutes 1996, section 518B.01, 
 13.5   subdivision 17, is amended to read: 
 13.6      Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
 13.7   custody proceeding the court may must consider, but is not bound 
 13.8   by, a finding in a proceeding under this chapter or under a 
 13.9   similar law of another state that domestic abuse has occurred 
 13.10  between the parties. 
 13.11     Sec. 10.  [COMBINED JURISDICTION FAMILY COURT.] 
 13.12     (a) Notwithstanding Minnesota Statutes, sections 260.031, 
 13.13  subdivision 4, and 484.70, subdivisions 6 and 7, paragraphs (d) 
 13.14  and (e), the supreme court may implement a pilot project to 
 13.15  improve the resolution of family issues, including domestic 
 13.16  abuse, by assigning related family, probate, and juvenile court 
 13.17  matters, other than delinquency proceedings, to a single judge.  
 13.18  The project must include orders for protection and related 
 13.19  domestic abuse issues and address methods for improving 
 13.20  continuity and consistency with respect to consideration of 
 13.21  domestic abuse issues in different proceedings involving the 
 13.22  same family or household members.  The project must be 
 13.23  established in a district that does not include the metropolitan 
 13.24  area. 
 13.25     (b) The supreme court is requested to report to the 
 13.26  legislature on the effectiveness of the pilot project in 
 13.27  resolving family issues when the project is completed or by 
 13.28  January 15, 2000, whichever is earlier. 
 13.29     Sec. 11.  [EFFECTIVE DATE.] 
 13.30     Section 8 is effective August 1, 1997, and applies to 
 13.31  proceedings that commence on or after that date.