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SF 1143

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - 1st Engrossment

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A bill for an act
 relating to domestic abuse; expanding the
applicability of the domestic abuse no contact order;
amending Minnesota Statutes 2004, section 518B.01,
subdivision 22.

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

Section 1.

Minnesota Statutes 2004, section 518B.01,
subdivision 22, is amended to read:


Subd. 22.

deleted text begin violation of a deleted text end domestic abuse no contact
order.

(a) A domestic abuse no contact order is an order issued
by a court against a defendant in a criminal proceeding fornew text begin :
new text end

new text begin (1) new text end domestic abusenew text begin ;
new text end

new text begin (2) harassment or stalking charged under section 609.749
and committed against a family or household member;
 new text end

new text begin (3) violation of an order for protection charged under
subdivision 14; or
new text end

new text begin (4) violation of a prior domestic abuse no contact order
charged under this subdivisionnew text end .

It includes pretrial orders before final disposition of the case
and probationary orders after sentencing.

(b) A person who knows of the existence of a domestic abuse
no contact order issued against the person and violates the
order is guilty of a misdemeanor.

(c) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated a domestic abuse no contact order, even
if the violation of the order did not take place in the presence
of the peace officer, if the existence of the order can be
verified by the officer. The person shall be held in custody
for at least 36 hours, excluding the day of arrest, Sundays, and
holidays, unless the person is released earlier by a judge or
judicial officer. A peace officer acting in good faith and
exercising due care in making an arrest pursuant to this
paragraph is immune from civil liability that might result from
the officer's actions.