SF 631

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; orders for protection 
  1.3             violations; clarifying situations mandating arrests; 
  1.4             amending Minnesota Statutes 1996, section 518B.01, 
  1.5             subdivision 14. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 518B.01, 
  1.8   subdivision 14, is amended to read: 
  1.9      Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
  1.10  Whenever an order for protection is granted pursuant to this 
  1.11  section, and the respondent or person to be restrained knows of 
  1.12  the order, violation of the order for protection is a 
  1.13  misdemeanor.  Upon conviction, the defendant must be sentenced 
  1.14  to a minimum of three days imprisonment and must be ordered to 
  1.15  participate in counseling or other appropriate programs selected 
  1.16  by the court.  If the court stays imposition or execution of the 
  1.17  jail sentence and the defendant refuses or fails to comply with 
  1.18  the court's treatment order, the court must impose and execute 
  1.19  the stayed jail sentence.  A person is guilty of a gross 
  1.20  misdemeanor who violates this paragraph during the time period 
  1.21  between a previous conviction under this paragraph; sections 
  1.22  609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
  1.23  609.748, subdivision 6; 609.749; or a similar law of another 
  1.24  state and the end of the five years following discharge from 
  1.25  sentence for that conviction.  Upon conviction, the defendant 
  2.1   must be sentenced to a minimum of ten days imprisonment and must 
  2.2   be ordered to participate in counseling or other appropriate 
  2.3   programs selected by the court.  Notwithstanding section 
  2.4   609.135, the court must impose and execute the minimum sentence 
  2.5   provided in this paragraph for gross misdemeanor convictions. 
  2.6      (b) A peace officer shall arrest without a warrant and take 
  2.7   into custody a person whom the peace officer has probable cause 
  2.8   to believe has violated that portion of an order granted 
  2.9   pursuant to this section restraining, which restrains the person 
  2.10  from contacting another or other persons, or excluding excludes 
  2.11  the person from the residence or the petitioner's place of 
  2.12  employment, even if the violation of the order did not take 
  2.13  place in the presence of the peace officer, if the existence of 
  2.14  the order can be verified by the officer.  The person shall be 
  2.15  held in custody for at least 36 hours, excluding the day of 
  2.16  arrest, Sundays, and holidays, unless the person is released 
  2.17  earlier by a judge or judicial officer.  A peace officer acting 
  2.18  in good faith and exercising due care in making an arrest 
  2.19  pursuant to this paragraph is immune from civil liability that 
  2.20  might result from the officer's actions. 
  2.21     (c) A violation of an order for protection shall also 
  2.22  constitute contempt of court and be subject to the penalties 
  2.23  therefor.  
  2.24     (d) If the court finds that the respondent has violated an 
  2.25  order for protection and that there is reason to believe that 
  2.26  the respondent will commit a further violation of the provisions 
  2.27  of the order restraining the respondent from committing acts of 
  2.28  domestic abuse or excluding the respondent from the petitioner's 
  2.29  residence, the court may require the respondent to acknowledge 
  2.30  an obligation to comply with the order on the record.  The court 
  2.31  may require a bond sufficient to deter the respondent from 
  2.32  committing further violations of the order for protection, 
  2.33  considering the financial resources of the respondent, and not 
  2.34  to exceed $10,000.  If the respondent refuses to comply with an 
  2.35  order to acknowledge the obligation or post a bond under this 
  2.36  paragraph, the court shall commit the respondent to the county 
  3.1   jail during the term of the order for protection or until the 
  3.2   respondent complies with the order under this paragraph.  The 
  3.3   warrant must state the cause of commitment, with the sum and 
  3.4   time for which any bond is required.  If an order is issued 
  3.5   under this paragraph, the court may order the costs of the 
  3.6   contempt action, or any part of them, to be paid by the 
  3.7   respondent.  An order under this paragraph is appealable.  
  3.8      (e) Upon the filing of an affidavit by the petitioner, any 
  3.9   peace officer, or an interested party designated by the court, 
  3.10  alleging that the respondent has violated any order for 
  3.11  protection granted pursuant to this section, the court may issue 
  3.12  an order to the respondent, requiring the respondent to appear 
  3.13  and show cause within 14 days why the respondent should not be 
  3.14  found in contempt of court and punished therefor.  The hearing 
  3.15  may be held by the court in any county in which the petitioner 
  3.16  or respondent temporarily or permanently resides at the time of 
  3.17  the alleged violation.  The court also shall refer the violation 
  3.18  of the order for protection to the appropriate prosecuting 
  3.19  authority for possible prosecution under paragraph (a). 
  3.20     (f) If it is alleged that the respondent has violated an 
  3.21  order for protection issued under subdivision 6 and the court 
  3.22  finds that the order has expired between the time of the alleged 
  3.23  violation and the court's hearing on the violation, the court 
  3.24  may grant a new order for protection under subdivision 6 based 
  3.25  solely on the respondent's alleged violation of the prior order, 
  3.26  to be effective until the hearing on the alleged violation of 
  3.27  the prior order.  If the court finds that the respondent has 
  3.28  violated the prior order, the relief granted in the new order 
  3.29  for protection shall be extended for a fixed period, not to 
  3.30  exceed one year, except when the court determines a longer fixed 
  3.31  period is appropriate. 
  3.32     (g) The admittance into petitioner's dwelling of an abusing 
  3.33  party excluded from the dwelling under an order for protection 
  3.34  is not a violation by the petitioner of the order for protection.
  3.35     A peace officer is not liable under section 609.43, clause 
  3.36  (1), for a failure to perform a duty required by paragraph (b). 
  4.1      (h) When a person is convicted of violating an order for 
  4.2   protection under this section and the court determines that the 
  4.3   person used a firearm in any way during commission of the 
  4.4   violation, the court may order that the person is prohibited 
  4.5   from possessing any type of firearm for any period longer than 
  4.6   three years or for the remainder of the person's life.  A person 
  4.7   who violates this paragraph is guilty of a gross misdemeanor.  
  4.8   At the time of the conviction, the court shall inform the 
  4.9   defendant whether and for how long the defendant is prohibited 
  4.10  from possessing a firearm and that it is a gross misdemeanor to 
  4.11  violate this paragraph.  The failure of the court to provide 
  4.12  this information to a defendant does not affect the 
  4.13  applicability of the firearm possession prohibition or the gross 
  4.14  misdemeanor penalty to that defendant. 
  4.15     (i) Except as otherwise provided in paragraph (h), when a 
  4.16  person is convicted of violating an order for protection under 
  4.17  this section, the court shall inform the defendant that the 
  4.18  defendant is prohibited from possessing a pistol for three years 
  4.19  from the date of conviction and that it is a gross misdemeanor 
  4.20  offense to violate this prohibition.  The failure of the court 
  4.21  to provide this information to a defendant does not affect the 
  4.22  applicability of the pistol possession prohibition or the gross 
  4.23  misdemeanor penalty to that defendant. 
  4.24     (j) Except as otherwise provided in paragraph (h), a person 
  4.25  is not entitled to possess a pistol if the person has been 
  4.26  convicted after August 1, 1996, of violating an order for 
  4.27  protection under this section, unless three years have elapsed 
  4.28  from the date of conviction and, during that time, the person 
  4.29  has not been convicted of any other violation of this section.  
  4.30  Property rights may not be abated but access may be restricted 
  4.31  by the courts.  A person who possesses a pistol in violation of 
  4.32  this paragraph is guilty of a gross misdemeanor. 
  4.33     (k) If the court determines that a person convicted of 
  4.34  violating an order for protection under this section owns or 
  4.35  possesses a firearm and used it in any way during the commission 
  4.36  of the violation, it shall order that the firearm be summarily 
  5.1   forfeited under section 609.5316, subdivision 3. 
  5.2      Sec. 2.  [EFFECTIVE DATE.] 
  5.3      Section 1 is effective August 1, 1997, and applies to 
  5.4   crimes committed on or after that date.