SF 1799

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing for a standard form for the issuance of orders
for protection and no contact orders; requiring photographs to be connected
with orders in certain cases; requiring preservice and in-service training for
peace officers in issues related to domestic abuse orders for protection and
no contact orders; amending Minnesota Statutes 2006, sections 299C.46, by
adding a subdivision; 518B.01, by adding a subdivision; 629.715, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2006, section 299C.46, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Orders for protection and no contact orders. new text end

new text begin The data communications
network must include orders for protection issued under section 518B.01 and no contact
orders issued under section 629.715, subdivision 4. If identification data provided under
section 299C.10 include a photograph of the person to whom the order is directed, the
network must include a means for connecting the order with the photograph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 518B.01, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Form. new text end

new text begin The state court administrator shall develop a standard form to be
used by courts for the issuance of an order for protection under this section. The form
must be designed to facilitate entry of the order into the CriMNet data system in a timely
and accurate manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

new text begin [626.8444] DOMESTIC ABUSE ORDERS FOR PROTECTION AND NO
CONTACT ORDERS; MANDATORY TRAINING.
new text end

new text begin (a) By January 1, 2008, the board shall prepare learning objectives for preservice
and in-service training to instruct peace officers in issues relating to domestic abuse orders
for protection and no contact orders. At a minimum, the training must provide instruction
in the laws relating to these orders, address how best to coordinate law enforcement
resources relating to them, and attempt to increase peace officer empathy for victims of
domestic violence.
new text end

new text begin (b) An individual is not eligible to take the peace officer licensing examination or
the part-time peace officer licensing examination on or after January 1, 2008, unless the
individual has received the preservice training described in paragraph (a).
new text end

new text begin (c) The board shall evaluate and monitor in-service training courses to ensure that
they satisfy the learning objectives prepared under paragraph (a). The board shall require
all peace officers to take an in-service training course complying with this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 629.715, subdivision 4, is amended to read:

Subd. 4.

No contact order new text begin ; form new text end .

new text begin (a) new text end If the judge imposes as a condition of release a
requirement that the person have no contact with the victim of the alleged crime, the judge
may also, on its own motion or that of the prosecutor or on request of the victim, issue an
ex parte temporary restraining order under section 609.748, subdivision 4, or an ex parte
temporary order for protection under section 518B.01, subdivision 7. Notwithstanding
section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision 4, paragraph (c),
the temporary order is effective until the defendant is convicted or acquitted, or the charge
is dismissed, provided that upon request the defendant is entitled to a full hearing on the
restraining order under section 609.748, subdivision 5, or on the order for protection under
section 518B.01. The hearing must be held within seven days of the defendant's request.

new text begin (b) The state court administrator shall develop a standard form to be used by courts
for the issuance of a no contact order under paragraph (a). The form must be designed to
facilitate entry of the order into the CriMNet data system in a timely and accurate manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end