1.1 	A bill for an act
1.2 	relating to public safety; extending restraining orders for minors who are victims 
1.3 	of harassment;amending Minnesota Statutes 2020, sections 518B.01, subdivision 
1.4 	6; 609.748, subdivision 5.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2020, section 518B.01, subdivision 6, is amended to read:
1.7 		Subd. 6.Relief by court. (a) Upon notice and hearing, the court may provide relief as 
1.8 	follows:
1.9 	(1) restrain the abusing party from committing acts of domestic abuse;
1.10 	(2) exclude the abusing party from the dwelling which the parties share or from the 
1.11 	residence of the petitioner;
1.12 	(3) exclude the abusing party from a reasonable area surrounding the dwelling or 
1.13 	residence, which area shall be described specifically in the order;
1.14 	(4) award temporary custody or establish temporary parenting time with regard to minor 
1.15 	children of the parties on a basis which gives primary consideration to the safety of the 
1.16 	victim and the children. In addition to the primary safety considerations, the court may 
1.17 	consider particular best interest factors that are found to be relevant to the temporary custody 
1.18 	and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not 
1.19 	required with respect to the particular best interest factors not considered by the court. If 
1.20 	the court finds that the safety of the victim or the children will be jeopardized by unsupervised 
1.21 	or unrestricted parenting time, the court shall condition or restrict parenting time as to time, 
1.22 	place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety 
2.1 	of the victim and the children. The court's decision on custody and parenting time shall in 
2.2 	no way delay the issuance of an order for protection granting other relief provided for in 
2.3 	this section. The court must not enter a parenting plan under section 518.1705 as part of an 
2.4 	action for an order for protection;
2.5 	(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support 
2.6 	for minor children or a spouse, and order the withholding of support from the income of 
2.7 	the person obligated to pay the support according to chapter 518A;
2.8 	(6) provide upon request of the petitioner counseling or other social services for the 
2.9 	parties, if married, or if there are minor children;
2.10 	(7) order the abusing party to participate in treatment or counseling services, including 
2.11 	requiring the abusing party to successfully complete a domestic abuse counseling program 
2.12 	or educational program under section 518B.02;
2.13 	(8) award temporary use and possession of property and restrain one or both parties from 
2.14 	transferring, encumbering, concealing, or disposing of property except in the usual course 
2.15 	of business or for the necessities of life, and to account to the court for all such transfers, 
2.16 	encumbrances, dispositions, and expenditures made after the order is served or communicated 
2.17 	to the party restrained in open court;
2.18 	(9) exclude the abusing party from the place of employment of the petitioner, or otherwise 
2.19 	limit access to the petitioner by the abusing party at the petitioner's place of employment;
2.20 	(10) order the abusing party to have no contact with the petitioner whether in person, 
2.21 	by telephone, mail, or electronic mail or messaging, through a third party, or by any other 
2.22 	means;
2.23 	(11) order the abusing party to pay restitution to the petitioner;
2.24 	(12) order the continuance of all currently available insurance coverage without change 
2.25 	in coverage or beneficiary designation;
2.26 	(13) order, in its discretion, other relief as it deems necessary for the protection of a 
2.27 	family or household member, including orders or directives to the sheriff or other law 
2.28 	enforcement or corrections officer as provided by this section;
2.29 	(14) direct the care, possession, or control of a pet or companion animal owned, 
2.30 	possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent; 
2.31 	and
3.1 	(15) direct the respondent to refrain from physically abusing or injuring any pet or 
3.2 	companion animal, without legal justification, known to be owned, possessed, kept, or held 
3.3 	by either party or a minor child residing in the residence or household of either party as an 
3.4 	indirect means of intentionally threatening the safety of such person.
3.5 	(b) Except as provided in this paragraph or when the court determines a longer period 
3.6 	is appropriate, any relief granted by the order for protection shall be for a period not to 
3.7 	exceed two years, except when the court determines a longer period is appropriate. Unless 
3.8 	the court determines that a shorter period is in the best interests of the minor, the court shall 
3.9 	presume that relief granted pursuant to a petition made on behalf of a minor under subdivision 
3.10 	4, paragraph (a), shall be in effect for a period of two years or until the minor reaches the 
3.11 	age of 18, whichever is longer. When a referee presides at the hearing on the petition, the 
3.12 	order granting relief becomes effective upon the referee's signature.
3.13 	(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated 
3.14 	or modified in a proceeding for dissolution of marriage or legal separation, except that the 
3.15 	court may hear a motion for modification of an order for protection concurrently with a 
3.16 	proceeding for dissolution of marriage upon notice of motion and motion. The notice required 
3.17 	by court rule shall not be waived. If the proceedings are consolidated and the motion to 
3.18 	modify is granted, a separate order for modification of an order for protection shall be issued.
3.19 	(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not 
3.20 	voided by the admittance of the abusing party into the dwelling from which the abusing 
3.21 	party is excluded.
3.22 	(e) If a proceeding for dissolution of marriage or legal separation is pending between 
3.23 	the parties, the court shall provide a copy of the order for protection to the court with 
3.24 	jurisdiction over the dissolution or separation proceeding for inclusion in its file.
3.25 	(f) An order for restitution issued under this subdivision is enforceable as civil judgment.
3.26 	(g) An order granting relief shall prohibit the abusing party from possessing firearms 
3.27 	for the length the order is in effect if the order (1) restrains the abusing party from harassing, 
3.28 	stalking, or threatening the petitioner or restrains the abusing party from engaging in other 
3.29 	conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes 
3.30 	a finding that the abusing party represents a credible threat to the physical safety of the 
3.31 	petitioner or prohibits the abusing party from using, attempting to use, or threatening to use 
3.32 	physical force against the petitioner. The order shall inform the abusing party of that party's 
3.33 	prohibited status. Except as provided in paragraph (i), the court shall order the abusing party 
3.34 	to transfer any firearms that the person possesses, within three business days, to a federally 
4.1 	licensed firearms dealer, a law enforcement agency, or a third party who may lawfully 
4.2 	receive them. The transfer may be permanent or temporary. A temporary firearm transfer 
4.3 	only entitles the receiving party to possess the firearm. A temporary transfer does not transfer 
4.4 	ownership or title. An abusing party may not transfer firearms to a third party who resides 
4.5 	with the abusing party. If an abusing party makes a temporary transfer, a federally licensed 
4.6 	firearms dealer or law enforcement agency may charge the abusing party a reasonable fee 
4.7 	to store the person's firearms and may establish policies for disposal of abandoned firearms, 
4.8 	provided such policies require that the person be notified via certified mail prior to disposal 
4.9 	of abandoned firearms. For temporary firearms transfers under this paragraph, a law 
4.10 	enforcement agency, federally licensed firearms dealer, or third party shall exercise due 
4.11 	care to preserve the quality and function of the transferred firearms and shall return the 
4.12 	transferred firearms to the person upon request after the expiration of the prohibiting time 
4.13 	period, provided the person is not otherwise prohibited from possessing firearms under state 
4.14 	or federal law. The return of temporarily transferred firearms to an abusing party shall 
4.15 	comply with state and federal law. If an abusing party permanently transfers the abusing 
4.16 	party's firearms to a law enforcement agency, the agency is not required to compensate the 
4.17 	abusing party and may charge the abusing party a reasonable processing fee. A law 
4.18 	enforcement agency is not required to accept an abusing party's firearm under this paragraph.
4.19 	(h) An abusing party who is ordered to transfer firearms under paragraph (g) must file 
4.20 	proof of transfer as provided for in this paragraph. If the transfer is made to a third party, 
4.21 	the third party must sign an affidavit under oath before a notary public either acknowledging 
4.22 	that the abusing party permanently transferred the abusing party's firearms to the third party 
4.23 	or agreeing to temporarily store the abusing party's firearms until such time as the abusing 
4.24 	party is legally permitted to possess firearms. The affidavit shall indicate the serial number, 
4.25 	make, and model of all firearms transferred by the abusing party to the third party. The third 
4.26 	party shall acknowledge in the affidavit that the third party may be held criminally and 
4.27 	civilly responsible under section 624.7144 if the abusing party gains access to a transferred 
4.28 	firearm while the firearm is in the custody of the third party. If the transfer is to a law 
4.29 	enforcement agency or federally licensed firearms dealer, the law enforcement agency or 
4.30 	federally licensed firearms dealer shall provide proof of transfer to the abusing party. The 
4.31 	proof of transfer must specify whether the firearms were permanently or temporarily 
4.32 	transferred and include the name of the abusing party, date of transfer, and the serial number, 
4.33 	make, and model of all transferred firearms. The abusing party shall provide the court with 
4.34 	a signed and notarized affidavit or proof of transfer as described in this section within two 
4.35 	business days of the firearms transfer. The court shall seal affidavits and proofs of transfer 
4.36 	filed pursuant to this paragraph.
5.1 	(i) When a court issues an order containing a firearms restriction provided for in paragraph 
5.2 	(g), the court shall determine by a preponderance of evidence if an abusing party poses an 
5.3 	imminent risk of causing another person substantial bodily harm. Upon a finding of imminent 
5.4 	risk, the court shall order that the local law enforcement agency take immediate possession 
5.5 	of all firearms in the abusing party's possession. The local law enforcement agency shall 
5.6 	exercise due care to preserve the quality and function of the abusing party's firearms and 
5.7 	shall return the firearms to the person upon request after the expiration of the prohibiting 
5.8 	time period, provided the person is not otherwise prohibited from possessing firearms under 
5.9 	state or federal law. The local law enforcement agency shall, upon written notice from the 
5.10 	abusing party, transfer the firearms to a federally licensed firearms dealer or a third party 
5.11 	who may lawfully receive them. Before a local law enforcement agency transfers a firearm 
5.12 	under this paragraph, the agency shall require the third party or federally licensed firearms 
5.13 	dealer receiving the firearm to submit an affidavit or proof of transfer that complies with 
5.14 	the requirements for affidavits or proofs of transfer established in paragraph (h). The agency 
5.15 	shall file all affidavits or proofs of transfer received with the court within two business days 
5.16 	of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this 
5.17 	paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer 
5.18 	pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer 
5.19 	from the abusing party. If the law enforcement agency does not receive written notice from 
5.20 	the abusing party within three business days, the agency may charge a reasonable fee to 
5.21 	store the abusing party's firearms. A law enforcement agency may establish policies for 
5.22 	disposal of abandoned firearms, provided such policies require that the abusing party be 
5.23 	notified via certified mail prior to disposal of abandoned firearms.

5.24 	EFFECTIVE DATE. This section is effective July 1, 2021, and applies to orders issued 
5.25 	on or after that date.

5.26 	Sec. 2. Minnesota Statutes 2020, section 609.748, subdivision 5, is amended to read:
5.27 		Subd. 5.Restraining order. (a) The court may issue a restraining order that provides 
5.28 	any or all of the following:
5.29 	(1) orders the respondent to cease or avoid the harassment of another person; or
5.30 	(2) orders the respondent to have no contact with another person.
5.31 	(b) The court may issue an order under paragraph (a) if all of the following occur:
5.32 	(1) the petitioner has filed a petition under subdivision 3;
6.1 	(2) a peace officer has served respondent with a copy of the temporary restraining order 
6.2 	obtained under subdivision 4, and with notice of the right to request a hearing, or service 
6.3 	has been made by publication under subdivision 3, paragraph (b); and
6.4 	(3) the court finds at the hearing that there are reasonable grounds to believe that the 
6.5 	respondent has engaged in harassment.
6.6 	A restraining order may be issued only against the respondent named in the petition; except 
6.7 	that if the respondent is an organization, the order may be issued against and apply to all of 
6.8 	the members of the organization. If the court finds that the petitioner has had two or more 
6.9 	previous restraining orders in effect against the same respondent or the respondent has 
6.10 	violated a prior or existing restraining order on two or more occasions, relief granted by the 
6.11 	restraining order may be for a period of up to 50 years. If a petition was brought on behalf 
6.12 	of a minor pursuant to subdivision 2, relief granted by the restraining order may be for a 
6.13 	period of up to two years or until the minor reaches the age of 18, whichever is longer. In 
6.14 	all other cases, relief granted by the restraining order must be for a fixed period of not more 
6.15 	than two years. When a referee presides at the hearing on the petition, the restraining order 
6.16 	becomes effective upon the referee's signature.
6.17 	(c) An order issued under this subdivision must be personally served upon the respondent.
6.18 	(d) If the court orders relief for a period of up to 50 years under paragraph (a), the 
6.19 	respondent named in the restraining order may request to have the restraining order vacated 
6.20 	or modified if the order has been in effect for at least five years and the respondent has not 
6.21 	violated the order. Application for relief under this paragraph must be made in the county 
6.22 	in which the restraining order was issued. Upon receipt of the request, the court shall set a 
6.23 	hearing date. Personal service must be made upon the petitioner named in the restraining 
6.24 	order not less than 30 days before the date of the hearing. At the hearing, the respondent 
6.25 	named in the restraining order has the burden of proving by a preponderance of the evidence 
6.26 	that there has been a material change in circumstances and that the reasons upon which the 
6.27 	court relied in granting the restraining order no longer apply and are unlikely to occur. If 
6.28 	the court finds that the respondent named in the restraining order has met the burden of 
6.29 	proof, the court may vacate or modify the order. If the court finds that the respondent named 
6.30 	in the restraining order has not met the burden of proof, the court shall deny the request and 
6.31 	no request may be made to vacate or modify the restraining order until five years have 
6.32 	elapsed from the date of denial. An order vacated or modified under this paragraph must 
6.33 	be personally served on the petitioner named in the restraining order.

7.1 	EFFECTIVE DATE. This section is effective July 1, 2021, and applies to orders issued 
7.2 	on or after that date.