SF 3492

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:24am

A bill for an act
relating to domestic violence; enacting the Uniform Recognition and Enforcement
of Canadian Domestic-Violence Protection Orders Act; amending Minnesota
Statutes 2018, section 518B.01, subdivision 19a; proposing coding for new law
as Minnesota Statutes, chapter 518F.

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

ARTICLE 1

UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN
DOMESTIC-VIOLENCE PROTECTION ORDERS ACT

Section 1.

new text begin [518F.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Uniform Recognition and Enforcement of Canadian
Domestic-Violence Protection Orders Act."
new text end

Sec. 2.

new text begin [518F.02] DEFINITIONS.
new text end

new text begin In this chapter:
new text end

new text begin (a) "Canadian domestic-violence protection order" means a judgment or part of a
judgment or order issued in a civil proceeding by a court of Canada under law of the issuing
jurisdiction that relates to domestic violence and prohibits a respondent from:
new text end

new text begin (1) being in physical proximity to a protected individual or following a protected
individual;
new text end

new text begin (2) directly or indirectly contacting or communicating with a protected individual or
other individual described in the order;
new text end

new text begin (3) being within a certain distance of a specified place or location associated with a
protected individual; or
new text end

new text begin (4) molesting, annoying, harassing, or engaging in threatening conduct directed at a
protected individual.
new text end

new text begin (b) "Domestic protection order" means an injunction or other order issued by a tribunal
that relates to domestic or family violence laws to prevent an individual from engaging in
violent or threatening acts against, harassment of, direct or indirect contact or communication
with, or being in physical proximity to another individual.
new text end

new text begin (c) "Issuing court" means the court that issues a Canadian domestic-violence protection
order.
new text end

new text begin (d) "Law enforcement officer" means an individual authorized by law of this state other
than this chapter to enforce a domestic protection order.
new text end

new text begin (e) "Person" means an individual, estate, business or nonprofit entity, public corporation,
government or governmental subdivision, agency, or instrumentality, or other legal entity.
new text end

new text begin (f) "Protected individual" means an individual protected by a Canadian domestic-violence
protection order.
new text end

new text begin (g) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin (h) "Respondent" means an individual against whom a Canadian domestic-violence
protection order is issued.
new text end

new text begin (i) "Tribunal" means a court, agency, or other entity authorized by law of this state other
than this chapter to establish, enforce, or modify a domestic protection order.
new text end

Sec. 3.

new text begin [518F.03] ENFORCEMENT OF CANADIAN DOMESTIC-VIOLENCE
PROTECTION ORDER BY LAW ENFORCEMENT OFFICER.
new text end

new text begin (a) If a law enforcement officer determines under paragraph (b) or (c) that there is
probable cause to believe a valid Canadian domestic-violence protection order exists and
the order has been violated, the officer shall enforce the terms of the Canadian
domestic-violence protection order as if the terms were in an order of a tribunal. Presentation
to a law enforcement officer of a certified copy of a Canadian domestic-violence protection
order is not required for enforcement.
new text end

new text begin (b) Presentation to a law enforcement officer of a record of a Canadian domestic-violence
protection order that identifies both a protected individual and a respondent and on its face
is in effect constitutes probable cause to believe that a valid order exists.
new text end

new text begin (c) If a record of a Canadian domestic-violence protection order is not presented as
provided in paragraph (b), a law enforcement officer may consider other information in
determining whether there is probable cause to believe that a valid Canadian
domestic-violence protection order exists.
new text end

new text begin (d) If a law enforcement officer determines that an otherwise valid Canadian
domestic-violence protection order cannot be enforced because the respondent has not been
notified of or served with the order, the officer shall notify the protected individual that the
officer will make reasonable efforts to contact the respondent, consistent with the safety of
the protected individual. After notice to the protected individual and consistent with the
safety of the individual, the officer shall make a reasonable effort to inform the respondent
of the order, notify the respondent of the terms of the order, provide a record of the order,
if available, to the respondent, and allow the respondent a reasonable opportunity to comply
with the order before the officer enforces the order.
new text end

new text begin (e) If a law enforcement officer determines that an individual is a protected individual,
the officer shall inform the individual of available local victim services.
new text end

Sec. 4.

new text begin [518F.04] ENFORCEMENT OF CANADIAN DOMESTIC-VIOLENCE
PROTECTION ORDER BY TRIBUNAL.
new text end

new text begin (a) A tribunal may issue an order enforcing or refusing to enforce a Canadian
domestic-violence protection order on application of:
new text end

new text begin (1) a person authorized by law of this state other than this chapter to seek enforcement
of a domestic protection order; or
new text end

new text begin (2) a respondent.
new text end

new text begin (b) In a proceeding under paragraph (a), the tribunal shall follow the procedures of this
state for enforcement of a domestic protection order. An order entered under this section is
limited to the enforcement of the terms of the Canadian domestic-violence protection order.
new text end

new text begin (c) A Canadian domestic-violence protection order is enforceable under this section if:
new text end

new text begin (1) the order identifies a protected individual and a respondent;
new text end

new text begin (2) the order is valid and in effect;
new text end

new text begin (3) the issuing court had jurisdiction over the parties and the subject matter under law
applicable in the issuing court; and
new text end

new text begin (4) the order was issued after:
new text end

new text begin (i) the respondent was given reasonable notice and had an opportunity to be heard before
the court that issued the order; or
new text end

new text begin (ii) in the case of an ex parte order, the respondent was given reasonable notice and had
or will have an opportunity to be heard within a reasonable time after the order was issued,
in a manner consistent with the right of the respondent to due process.
new text end

new text begin (d) A Canadian domestic-violence protection order on its face is prima facie evidence
of its enforceability under this section.
new text end

new text begin (e) A claim that a Canadian domestic-violence protection order does not comply with
paragraph (c) is an affirmative defense in a proceeding seeking enforcement of the order.
If the tribunal determines that the order is not enforceable, the tribunal shall issue an order
that the Canadian domestic-violence protection order is not enforceable under this section
and section 518F.03 and may not be registered under section 518F.05.
new text end

new text begin (f) This section applies to enforcement of a provision of a Canadian domestic-violence
protection order against a party to the order in which each party is a protected individual
and respondent only if:
new text end

new text begin (1) the party seeking enforcement of the order filed a pleading requesting the order from
the issuing court; and
new text end

new text begin (2) the court made specific findings that entitled the party to the enforcement sought.
new text end

Sec. 5.

new text begin [518F.05] REGISTRATION OF CANADIAN DOMESTIC-VIOLENCE
PROTECTION ORDER.
new text end

new text begin (a) An individual may register a Canadian domestic-violence protection order in this
state under section 518B.01, subdivision 19a.
new text end

new text begin (b) Registration in this state or filing under law of this state other than this chapter of a
Canadian domestic-violence protection order is not required for its enforcement under this
chapter.
new text end

Sec. 6.

new text begin [518F.06] IMMUNITY.
new text end

new text begin The state, state agency, local governmental agency, law enforcement officer, prosecuting
attorney, clerk of court, and state or local governmental official acting in an official capacity
are immune from civil and criminal liability for an act or omission arising out of the
registration or enforcement of a Canadian domestic-violence protection order or the detention
or arrest of an alleged violator of a Canadian domestic-violence protection order if the act
or omission was a good faith effort to comply with this chapter.
new text end

Sec. 7.

new text begin [518F.07] OTHER REMEDIES.
new text end

new text begin An individual who seeks a remedy under this chapter may seek other legal or equitable
remedies.
new text end

Sec. 8.

new text begin [518F.08] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 9.

new text begin [518F.09] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
7001(c), or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 10.

new text begin [518F.10] TRANSITION.
new text end

new text begin This chapter applies to a Canadian domestic-violence protection order issued before,
on, or after the effective date of this chapter and to a continuing action for enforcement of
a Canadian domestic-violence protection order commenced before, on, or after the effective
date of this chapter. A request for enforcement of a Canadian domestic-violence protection
order made on or after the effective date of this chapter for a violation of the order occurring
before, on, or after the effective date of this chapter is governed by this chapter.
new text end

Sec. 11.

new text begin [518F.11] SEVERABILITY.
new text end

new text begin If any provision of this chapter or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions
of this chapter are severable.
new text end

ARTICLE 2

CONFORMING CHANGE

Section 1.

Minnesota Statutes 2018, section 518B.01, subdivision 19a, is amended to read:

Subd. 19a.

Entry and enforcement of foreign protective orders.

(a) As used in this
subdivision, "foreign protective order" means an order for protection entered by a court of
another state; an order by an Indian tribe or United States territory that would be a protective
order entered under this chapter; new text begin a Canadian domestic-violence protection order as defined
in section 518F.02; new text end a temporary or permanent order or protective order to exclude a
respondent from a dwelling; or an order that establishes conditions of release or is a protective
order or sentencing order in a criminal prosecution arising from a domestic abuse assault
if it had been entered in Minnesota.

(b) A person for whom a foreign protection order has been issued or the issuing court
or tribunal may provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the order was entered may
be present, for filing and entering of the same into the state order for protection database.

(c) The court administrator shall file and enter foreign protective orders that are not
certified or authenticated, if supported by an affidavit of a person with personal knowledge,
subject to the penalties for perjury. The person protected by the order may provide this
affidavit.

(d) The court administrator shall provide copies of the order as required by this section.

(e) A valid foreign protective order has the same effect and shall be enforced in the same
manner as an order for protection issued in this state whether or not filed with a court
administrator or otherwise entered in the state order for protection database.

(f) A foreign protective order is presumed valid if it meets all of the following:

(1) the order states the name of the protected individual and the individual against whom
enforcement is sought;

(2) the order has not expired;

(3) the order was issued by a court or tribunal that had jurisdiction over the parties and
subject matter under the law of the foreign jurisdiction; and

(4) the order was issued in accordance with the respondent's due process rights, either
after the respondent was provided with reasonable notice and an opportunity to be heard
before the court or tribunal that issued the order, or in the case of an ex parte order, the
respondent was granted notice and an opportunity to be heard within a reasonable time after
the order was issued.

(g) Proof that a foreign protective order failed to meet all of the factors listed in paragraph
(f) is an affirmative defense in any action seeking enforcement of the order.

(h) A peace officer shall treat a foreign protective order as a valid legal document and
shall make an arrest for a violation of the foreign protective order in the same manner that
a peace officer would make an arrest for a violation of a protective order issued within this
state.

(i) The fact that a foreign protective order has not been filed with the court administrator
or otherwise entered into the state order for protection database shall not be grounds to
refuse to enforce the terms of the order unless it is apparent to the officer that the order is
invalid on its face.

(j) A peace officer acting reasonably and in good faith in connection with the enforcement
of a foreign protective order is immune from civil and criminal liability in any action arising
in connection with the enforcement.

(k) Filing and service costs in connection with foreign protective orders are waived.