SF 2012

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:53pm

A bill for an act
relating to public safety; extending authorization for pilot projects using GPS
to monitor domestic violence offenders; amending Minnesota Statutes 2012,
sections 609.135, subdivision 5a; 629.72, by adding a subdivision; repealing
Minnesota Statutes 2012, section 629.72, subdivision 2a.

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

Section 1.

Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:

Subd. 5a.

Domestic abuse victims; electronic monitoring.

(a) deleted text begin Until the
commissioner of corrections has adopted standards governing electronic monitoring
devices used to protect victims of domestic abuse deleted text end new text begin Except as provided in paragraph (c) new text end , the
court, as a condition of a stay of imposition or execution of a sentence, may not order an
offender convicted of a crime described in paragraph (b) to use an electronic monitoring
device to protect a victim's safety.

(b) This subdivision applies to the following crimes, if committed by the defendant
against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222,
609.223, or 609.224; or domestic assault under section 609.2242;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
section 609.342, 609.343, 609.344, 609.345, or 609.3451; and

(9) terroristic threats under section 609.713.

(c) Notwithstanding paragraph (a), deleted text begin the judges in the Tenth Judicial District deleted text end new text begin a
judge in a judicial district conducting a pilot project under section 629.72, subdivision
2b, new text end may order, as a condition of a stay of imposition or execution of a sentence, a
defendant convicted of a crime described in paragraph (b), to use an electronic monitoring
device to protect the victim's safety. deleted text begin The judges shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for
the use of devices to protect victims of domestic abuse.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 629.72, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Electronic monitoring; condition of pretrial release. new text end

new text begin (a) In a judicial
district conducting a pilot project under paragraph (b), a judge, as a condition of release,
may order a person arrested for a crime described in section 609.135, subdivision 5a,
paragraph (b), to use an electronic monitoring device to protect a victim's safety.
new text end

new text begin (b) The chief judge of a judicial district may appoint and convene an advisory group
comprised of representatives from law enforcement, prosecutors, defense attorneys,
corrections, court administrators, judges, and battered women's organizations to develop
standards for the use of electronic monitoring and global positioning system devices
to protect victims of domestic abuse and for evaluating the effectiveness of electronic
monitoring. After the advisory group does this, the chief judge, in consultation with
the advisory group, may conduct a pilot project for implementation of the electronic
monitoring standards. A judicial district that conducts a pilot project shall report on the
standards and the pilot project to the chairs and ranking minority members of the senate
and house of representatives committees having jurisdiction over criminal justice policy
and the state court administrator's office.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 629.72, subdivision 2a, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end