SF 1239

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to public safety; amending provisions relating to domestic abuse;
providing that violations of a no contact order disqualify offenders from
possessing a firearm; amending Minnesota Statutes 2008, sections 518B.01,
subdivision 22; 609.5316, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 518B.01, subdivision 22, is amended to
read:

Subd. 22.

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 for:

(1) domestic abuse;

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

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

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 person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.

(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 this subdivision: (1) within ten years of the first of two or
more previous qualified domestic violence-related offense convictions or adjudications
of delinquency; or (2) while possessing a dangerous weapon, as defined in section
609.02, subdivision 6. Upon a felony conviction under this paragraph in which the
court stays imposition or execution of sentence, the court shall impose at least a 30-day
period of incarceration as a condition of probation. The court also shall order that the
defendant participate in counseling or other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and execute the minimum
sentence provided in this paragraph for felony convictions.

(e) 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.

new text begin (f) When a person is convicted under paragraph (b) or (c) of violating a domestic
abuse no contact order and the court determines that the person used a firearm in any way
during commission of the violation, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this paragraph is guilty of a gross
misdemeanor. At the time of conviction, the court shall inform the defendant whether and
for how long the defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this information
to a defendant does not affect the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.
new text end

new text begin (g) Except as otherwise provided in paragraph (f), when a person is convicted
under paragraph (b) or (c) of violating a domestic abuse no contact order, the court shall
inform the defendant that the defendant is prohibited from possessing a pistol for three
years from the date of conviction and that it is a gross misdemeanor offense to violate
this prohibition. The failure of the court to provide this information to a defendant does
not affect the applicability of the pistol possession prohibition or the gross misdemeanor
penalty to that defendant.
new text end

new text begin (h) Except as otherwise provided in paragraph (f), a person is not entitled to possess
a pistol if the person has been convicted under paragraph (b) or (c) of violating a domestic
abuse no contact order, unless three years have elapsed from the date of conviction and,
during that time, the person has not been convicted of any other violation of this section.
Property rights may not be abated but access may be restricted by the courts. A person
who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
new text end

new text begin (i) If the court determines that a person convicted under paragraph (b) or (c) of
violating a domestic abuse no contact order owns or possesses a firearm and used it in any
way during the commission of the violation, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.5316, subdivision 3, is amended to read:

Subd. 3.

Weapons, telephone cloning paraphernalia, and bullet-resistant
vests.

Weapons used are contraband and must be summarily forfeited to the appropriate
agency upon conviction of the weapon's owner or possessor for a controlled substance
crime; for any offense of this chapter or chapter 624, deleted text begin or deleted text end for a violation of an order for
protection under section 518B.01, subdivision 14 new text begin , or for a violation of a domestic abuse
no contact order under section 518B.01, subdivision 22 new text end . Bullet-resistant vests, as defined
in section 609.486, worn or possessed during the commission or attempted commission
of a crime are contraband and must be summarily forfeited to the appropriate agency
upon conviction of the owner or possessor for a controlled substance crime or for any
offense of this chapter. Telephone cloning paraphernalia used in a violation of section
609.894 are contraband and must be summarily forfeited to the appropriate agency upon a
conviction. Notwithstanding this subdivision, weapons used, bullet-resistant vests worn
or possessed, and telephone cloning paraphernalia may be forfeited without a conviction
under sections 609.531 to 609.5315.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end