SF 2136

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing district 
  1.3             courts to order the use of an electronic monitoring 
  1.4             device in certain cases involving domestic abuse; 
  1.5             amending Minnesota Statutes 1994, section 629.72, 
  1.6             subdivision 2a; Minnesota Statutes 1995 Supplement, 
  1.7             section 609.135, subdivision 5a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  609.135, subdivision 5a, is amended to read: 
  1.11     Subd. 5a.  [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 
  1.12  (a) Until the commissioner of corrections has adopted standards 
  1.13  governing electronic monitoring devices used to protect victims 
  1.14  of domestic abuse, the court, As a condition of a stay of 
  1.15  imposition or execution of a sentence, a district court may not 
  1.16  order an offender convicted of a crime described in paragraph 
  1.17  (b) to use an electronic monitoring device to protect a domestic 
  1.18  abuse victim's safety.  
  1.19     (b) This subdivision applies to the following crimes, if 
  1.20  committed by the defendant against a family or household member 
  1.21  as defined in section 518B.01, subdivision 2: 
  1.22     (1) violations of orders for protection issued under 
  1.23  chapter 518B; 
  1.24     (2) assault in the first, second, third, or fifth degree 
  1.25  under section 609.221, 609.222, 609.223, or 609.224; or domestic 
  1.26  assault under section 609.2242; 
  2.1      (3) criminal damage to property under section 609.595; 
  2.2      (4) disorderly conduct under section 609.72; 
  2.3      (5) harassing telephone calls under section 609.79; 
  2.4      (6) burglary under section 609.582; 
  2.5      (7) trespass under section 609.605; 
  2.6      (8) criminal sexual conduct in the first, second, third, 
  2.7   fourth, or fifth degree under section 609.342, 609.343, 609.344, 
  2.8   609.345, or 609.3451; and 
  2.9      (9) terroristic threats under section 609.713. 
  2.10     (c) Notwithstanding paragraph (a), the judges in the tenth 
  2.11  judicial district may order, as a condition of a stay of 
  2.12  imposition or execution of a sentence, a defendant convicted of 
  2.13  a crime described in paragraph (b), to use an electronic 
  2.14  monitoring device to protect the victim's safety.  The judges 
  2.15  shall make data on the use of electronic monitoring devices to 
  2.16  protect a victim's safety in the tenth judicial district 
  2.17  available to the commissioner of corrections to evaluate and to 
  2.18  aid in development of standards for the use of devices to 
  2.19  protect victims of domestic abuse.  
  2.20     Sec. 2.  Minnesota Statutes 1994, section 629.72, 
  2.21  subdivision 2a, is amended to read: 
  2.22     Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
  2.23  PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
  2.24  adopted standards governing electronic monitoring devices used 
  2.25  to protect victims of domestic abuse, the court, As a condition 
  2.26  of release, a district court may not order a person arrested for 
  2.27  a crime described in section 609.135, subdivision 5a, paragraph 
  2.28  (b), to use an electronic monitoring device to protect 
  2.29  a domestic abuse victim's safety. 
  2.30     (b) Notwithstanding paragraph (a), district courts in the 
  2.31  tenth judicial district may order, as a condition of a release, 
  2.32  a person arrested on a charge of a crime described in section 
  2.33  609.135, subdivision 5a, paragraph (b), to use an electronic 
  2.34  monitoring device to protect the victim's safety.  The courts 
  2.35  shall make data on the use of electronic monitoring devices to 
  2.36  protect a victim's safety in the tenth judicial district 
  3.1   available to the commissioner of corrections to evaluate and to 
  3.2   aid in development of standards for the use of devices to 
  3.3   protect victims of domestic abuse.