SF 551

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; requiring battered women 
  1.3             programs to coordinate services with child protection 
  1.4             agencies; authorizing service of short form 
  1.5             notification in lieu of personal service for orders 
  1.6             for protection; expanding the definition of first 
  1.7             degree murder in situations involving domestic abuse; 
  1.8             providing enhanced penalties based upon a previous 
  1.9             conviction or adjudication for malicious punishment of 
  1.10            a child and other laws; adding assault in the fifth 
  1.11            degree and domestic assault to definition of "crimes 
  1.12            of violence"; increasing the cash bail for individuals 
  1.13            charged with malicious punishment of a child; 
  1.14            clarifying when evidence of similar prior conduct of 
  1.15            an accused related to domestic abuse is admissible; 
  1.16            changing a definition in the law related to the order 
  1.17            of disposition of issues on a court's calendar; 
  1.18            providing criminal penalties; amending Minnesota 
  1.19            Statutes 1998, sections 260.133, subdivisions 1 and 2; 
  1.20            260.191, subdivision 1b; 518B.01, subdivisions 5, 8, 
  1.21            and by adding subdivisions; 609.185; 609.224, 
  1.22            subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 
  1.23            609.342, subdivision 3; 609.343, subdivision 3; 
  1.24            609.344, subdivision 3; 609.345, subdivision 3; 
  1.25            609.377; 609.749, subdivisions 3 and 4; 611A.32, 
  1.26            subdivision 2; 611A.34, subdivision 3; 624.712, 
  1.27            subdivision 5; 626.556, subdivision 2; 626.558, 
  1.28            subdivision 1; 629.471, subdivision 3; 630.36; and 
  1.29            634.20. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1998, section 260.133, 
  1.32  subdivision 1, is amended to read: 
  1.33     Subdivision 1.  [PETITION.] The local welfare agency may 
  1.34  bring an emergency petition on behalf of minor family or 
  1.35  household members seeking relief from acts of domestic child 
  1.36  abuse.  The petition shall be brought pursuant to section 
  1.37  260.131 and shall allege the existence of or immediate and 
  2.1   present danger of domestic child abuse, and shall be accompanied 
  2.2   by an affidavit made under oath stating the specific facts and 
  2.3   circumstances from which relief is sought.  The court has 
  2.4   jurisdiction over the parties to a domestic child abuse matter 
  2.5   notwithstanding that there is a parent in the child's household 
  2.6   who is willing to enforce the court's order and accept services 
  2.7   on behalf of the family.  
  2.8      Sec. 2.  Minnesota Statutes 1998, section 260.133, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [TEMPORARY ORDER.] (a) If it appears from the 
  2.11  notarized petition or by sworn affidavit that there are 
  2.12  reasonable grounds to believe the child is in immediate and 
  2.13  present danger of domestic child abuse, the court may grant an 
  2.14  ex parte temporary order for protection, pending a full 
  2.15  hearing pursuant to section 260.135, which must be held not 
  2.16  later than 14 days after service of the ex parte order on the 
  2.17  respondent.  The court may grant relief as it deems proper, 
  2.18  including an order:  
  2.19     (1) restraining any party from committing acts of domestic 
  2.20  child abuse; or 
  2.21     (2) excluding the alleged abusing party from the dwelling 
  2.22  which the family or household members share or from the 
  2.23  residence of the child.  
  2.24     However, (b) No order excluding the alleged abusing party 
  2.25  from the dwelling may be issued unless the court finds that:  
  2.26     (1) the order is in the best interests of the child or 
  2.27  children remaining in the dwelling; and 
  2.28     (2) a parent remaining adult family or in the child's 
  2.29  household member is able to care adequately for the child or 
  2.30  children in the absence of the excluded party and to seek 
  2.31  appropriate assistance in enforcing the provisions of the order. 
  2.32     (c) Before the temporary order is issued, the local welfare 
  2.33  agency shall advise the court and the other parties who are 
  2.34  present that appropriate social services will be provided to the 
  2.35  family or household members during the effective period of the 
  2.36  order.  The petition shall identify the parent remaining in the 
  3.1   child's household under paragraph (b), clause (2). 
  3.2      An ex parte temporary order for protection shall be 
  3.3   effective for a fixed period not to exceed 14 days.  Within five 
  3.4   days of the issuance of the temporary order, the petitioner 
  3.5   shall file a petition with the court pursuant to section 
  3.6   260.131, alleging that the child is in need of protection or 
  3.7   services and the court shall give docket priority to the 
  3.8   petition.  
  3.9      The court may renew the temporary order for protection one 
  3.10  time for a fixed period not to exceed 14 days if a petition 
  3.11  alleging that the child is in need of protection or services has 
  3.12  been filed with the court and if the court determines, upon 
  3.13  informal review of the case file, that the renewal is 
  3.14  appropriate.  If the court determines that the petition states a 
  3.15  prima facie case that there are reasonable grounds to believe 
  3.16  that the child is in immediate danger of domestic child abuse or 
  3.17  child abuse without the court's order, at the hearing pursuant 
  3.18  to section 260.135, the court may continue its order issued 
  3.19  under this subdivision pending trial under section 260.155. 
  3.20     Sec. 3.  Minnesota Statutes 1998, section 260.191, 
  3.21  subdivision 1b, is amended to read: 
  3.22     Subd. 1b.  [DOMESTIC CHILD ABUSE.] (a) If the court finds 
  3.23  that the child is a victim of domestic child abuse, as defined 
  3.24  in section 260.015, subdivision 24, it may order any of the 
  3.25  following dispositions of the case in addition to or as 
  3.26  alternatives to the dispositions authorized under subdivision 1: 
  3.27     (1) restrain any party from committing acts of domestic 
  3.28  child abuse; 
  3.29     (2) exclude the abusing party from the dwelling which the 
  3.30  family or household members share or from the residence of the 
  3.31  child; 
  3.32     (3) on the same basis as is provided in chapter 518, 
  3.33  establish temporary visitation with regard to minor children of 
  3.34  the adult family or household members; 
  3.35     (4) on the same basis as is provided in chapter 518, 
  3.36  establish temporary support or maintenance for a period of 30 
  4.1   days for minor children or a spouse; 
  4.2      (5) provide counseling or other social services for the 
  4.3   family or household members; or 
  4.4      (6) order the abusing party to participate in treatment or 
  4.5   counseling services.  
  4.6      Any relief granted by the order for protection shall be for 
  4.7   a fixed period not to exceed one year.  
  4.8      However, (b) No order excluding the abusing party from the 
  4.9   dwelling may be issued unless the court finds that:  
  4.10     (1) the order is in the best interests of the child or 
  4.11  children remaining in the dwelling; 
  4.12     (2) a remaining adult family or household member is able to 
  4.13  care adequately for the child or children in the absence of the 
  4.14  excluded party; and 
  4.15     (3) the local welfare agency has developed a plan to 
  4.16  provide appropriate social services to the remaining family or 
  4.17  household members.  
  4.18     (c) Upon a finding that the remaining parent is able to 
  4.19  care adequately for the child and enforce an order excluding the 
  4.20  abusing party from the home and that the provision of supportive 
  4.21  services by the responsible social service agency is no longer 
  4.22  necessary, the responsible social service agency may be 
  4.23  dismissed as a party to the proceedings.  Orders entered 
  4.24  regarding the abusing party remain in full force and effect and 
  4.25  may be renewed by the remaining parent as necessary for the 
  4.26  continued protection of the child for specified periods of time, 
  4.27  not to exceed one year. 
  4.28     Sec. 4.  Minnesota Statutes 1998, section 518B.01, 
  4.29  subdivision 5, is amended to read: 
  4.30     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
  4.31  receipt of the petition, the court shall order a hearing which 
  4.32  shall be held not later than 14 days from the date of the 
  4.33  order.  If an ex parte order has been issued under subdivision 7 
  4.34  and a hearing requested, the time periods under subdivision 7 
  4.35  for holding a hearing apply.  Personal service shall be made 
  4.36  upon the respondent not less than five days prior to the 
  5.1   hearing, if the hearing was requested by the petitioner. If a 
  5.2   hearing was requested by the petitioner, personal service of the 
  5.3   ex parte order may be made upon the respondent at least 12 hours 
  5.4   prior to the time set for the hearing, provided that the 
  5.5   respondent at the hearing may request a continuance of up to 
  5.6   five days if served less than five days prior to the hearing.  
  5.7   If the hearing was requested by the respondent after issuance of 
  5.8   an ex parte order under subdivision 7, service of the notice of 
  5.9   hearing must be made upon the petitioner not less than five days 
  5.10  prior to the hearing.  The court shall serve the notice of 
  5.11  hearing upon the petitioner by mail in the manner provided in 
  5.12  the rules of civil procedure for pleadings subsequent to a 
  5.13  complaint and motions and shall also mail notice of the date and 
  5.14  time of the hearing to the respondent.  In the event that 
  5.15  service cannot be completed in time to give the respondent or 
  5.16  petitioner the minimum notice required under this paragraph, the 
  5.17  court may set a new hearing date.  
  5.18     (b) Notwithstanding the provisions of paragraph (a), 
  5.19  service on the respondent may be made by one week published 
  5.20  notice, as provided under section 645.11, provided the 
  5.21  petitioner files with the court an affidavit stating that an 
  5.22  attempt at personal service made by a sheriff or other law 
  5.23  enforcement or corrections officer was unsuccessful because the 
  5.24  respondent is avoiding service by concealment or otherwise, and 
  5.25  that a copy of the petition and notice of hearing has been 
  5.26  mailed to the respondent at the respondent's residence or that 
  5.27  the residence is not known to the petitioner.  Service under 
  5.28  this paragraph is complete seven days after publication.  The 
  5.29  court shall set a new hearing date if necessary to allow the 
  5.30  respondent the five-day minimum notice required under paragraph 
  5.31  (a). 
  5.32     Sec. 5.  Minnesota Statutes 1998, section 518B.01, 
  5.33  subdivision 8, is amended to read: 
  5.34     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
  5.35  NOTICE.] (a) The petition and any order issued under this 
  5.36  section shall be served on the respondent personally.  In lieu 
  6.1   of personal service of an order for protection, a law 
  6.2   enforcement officer may serve a person with a short form 
  6.3   notification as provided in subdivision 8a. 
  6.4      (b) When service is made out of this state and in the 
  6.5   United States, it may be proved by the affidavit of the person 
  6.6   making the service.  When service is made outside the United 
  6.7   States, it may be proved by the affidavit of the person making 
  6.8   the service, taken before and certified by any United States 
  6.9   minister, charge d'affaires, commissioner, consul, or commercial 
  6.10  agent, or other consular or diplomatic officer of the United 
  6.11  States appointed to reside in the other country, including all 
  6.12  deputies or other representatives of the officer authorized to 
  6.13  perform their duties; or before an office authorized to 
  6.14  administer an oath with the certificate of an officer of a court 
  6.15  of record of the country in which the affidavit is taken as to 
  6.16  the identity and authority of the officer taking the affidavit.  
  6.17     (c) If personal service cannot be made, the court may order 
  6.18  service of the petition and any order issued under this section 
  6.19  by alternate means, or by publication, which publication must be 
  6.20  made as in other actions.  The application for alternate service 
  6.21  must include the last known location of the respondent; the 
  6.22  petitioner's most recent contacts with the respondent; the last 
  6.23  known location of the respondent's employment; the names and 
  6.24  locations of the respondent's parents, siblings, children, and 
  6.25  other close relatives; the names and locations of other persons 
  6.26  who are likely to know the respondent's whereabouts; and a 
  6.27  description of efforts to locate those persons. 
  6.28     The court shall consider the length of time the 
  6.29  respondent's location has been unknown, the likelihood that the 
  6.30  respondent's location will become known, the nature of the 
  6.31  relief sought, and the nature of efforts made to locate the 
  6.32  respondent.  The court shall order service by first class mail, 
  6.33  forwarding address requested, to any addresses where there is a 
  6.34  reasonable possibility that mail or information will be 
  6.35  forwarded or communicated to the respondent.  
  6.36     The court may also order publication, within or without the 
  7.1   state, but only if it might reasonably succeed in notifying the 
  7.2   respondent of the proceeding.  Service shall be deemed complete 
  7.3   14 days after mailing or 14 days after court-ordered publication.
  7.4      (d) A petition and any order issued under this section, 
  7.5   including the short form notification, must include a notice to 
  7.6   the respondent that if an order for protection is issued to 
  7.7   protect the petitioner or a child of the parties, upon request 
  7.8   of the petitioner in any visitation proceeding, the court shall 
  7.9   consider the order for protection in making a decision regarding 
  7.10  visitation.  
  7.11     Sec. 6.  Minnesota Statutes 1998, section 518B.01, is 
  7.12  amended by adding a subdivision to read: 
  7.13     Subd. 8a.  [SHORT FORM NOTIFICATION.] (a) In lieu of 
  7.14  personal service of an order for protection under subdivision 8, 
  7.15  a law enforcement officer may serve a person with a short form 
  7.16  notification.  The short form notification must include the 
  7.17  following clauses:  the respondent's name; respondent's date of 
  7.18  birth (if known); petitioner's name; names of other protected 
  7.19  parties; the date and county in which the ex parte order for 
  7.20  protection or order for protection was filed; the court file 
  7.21  number; hearing date and time, if known; the conditions that 
  7.22  apply to the respondent, either in checklist form or 
  7.23  handwritten; and the name of the judge who signed the order. 
  7.24     The short form notice must be in bold print in the 
  7.25  following form: 
  7.26     The order for protection is now enforceable.  You must 
  7.27  report to your nearest sheriff office or county court to obtain 
  7.28  a copy of the order for protection.  You are subject to arrest 
  7.29  and may be charged with a misdemeanor, gross misdemeanor, or 
  7.30  felony if you violate any of the terms of the order for 
  7.31  protection or this short form notification. 
  7.32     (b) Upon verification of the identity of the respondent and 
  7.33  the existence of an unserved order for protection against the 
  7.34  respondent, a law enforcement officer may detain the respondent 
  7.35  for a reasonable time necessary to complete and serve the short 
  7.36  form notification. 
  8.1      (c) When service is made by short form notification, it may 
  8.2   be proved by the affidavit of the law enforcement officer making 
  8.3   the service. 
  8.4      (d) For service under this section only, service upon an 
  8.5   individual may occur at any time, including Sundays, and legal 
  8.6   holidays. 
  8.7      (e) The superintendent of the bureau of criminal 
  8.8   apprehension shall provide the short form to law enforcement 
  8.9   agencies. 
  8.10     Sec. 7.  Minnesota Statutes 1998, section 518B.01, is 
  8.11  amended by adding a subdivision to read: 
  8.12     Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
  8.13  ORDER.] (a) A domestic abuse no contact order is an order issued 
  8.14  by a court against a defendant in a criminal proceeding for 
  8.15  domestic abuse.  It includes pretrial orders before final 
  8.16  disposition of the case and probationary orders after sentencing.
  8.17     (b) A person who knows of a domestic abuse no contact order 
  8.18  issued against the person and violates the order is guilty of a 
  8.19  misdemeanor. 
  8.20     (c) A peace officer shall arrest without a warrant and take 
  8.21  into custody a person whom the peace officer has probable cause 
  8.22  to believe has violated a domestic abuse no contact order, even 
  8.23  if the violation of the order did not take place in the presence 
  8.24  of the peace officer, if the existence of the order can be 
  8.25  verified by the officer.  The person shall be held in custody 
  8.26  for at least 36 hours, excluding the day of arrest, Sundays, and 
  8.27  holidays, unless the person is released earlier by a judge or 
  8.28  judicial officer.  A peace officer acting in good faith and 
  8.29  exercising due care in making an arrest pursuant to this 
  8.30  paragraph is immune from civil liability that might result from 
  8.31  the officer's actions. 
  8.32     Sec. 8.  Minnesota Statutes 1998, section 609.185, is 
  8.33  amended to read: 
  8.34     609.185 [MURDER IN THE FIRST DEGREE.] 
  8.35     Whoever does any of the following is guilty of murder in 
  8.36  the first degree and shall be sentenced to imprisonment for life:
  9.1      (1) causes the death of a human being with premeditation 
  9.2   and with intent to effect the death of the person or of another; 
  9.3      (2) causes the death of a human being while committing or 
  9.4   attempting to commit criminal sexual conduct in the first or 
  9.5   second degree with force or violence, either upon or affecting 
  9.6   the person or another; 
  9.7      (3) causes the death of a human being with intent to effect 
  9.8   the death of the person or another, while committing or 
  9.9   attempting to commit burglary, aggravated robbery, kidnapping, 
  9.10  arson in the first or second degree, a drive-by shooting, 
  9.11  tampering with a witness in the first degree, escape from 
  9.12  custody, or any felony violation of chapter 152 involving the 
  9.13  unlawful sale of a controlled substance; 
  9.14     (4) causes the death of a peace officer or a guard employed 
  9.15  at a Minnesota state or local correctional facility, with intent 
  9.16  to effect the death of that person or another, while the peace 
  9.17  officer or guard is engaged in the performance of official 
  9.18  duties; 
  9.19     (5) causes the death of a minor while committing child 
  9.20  abuse, when the perpetrator has engaged in a past pattern of 
  9.21  child abuse upon the child and the death occurs under 
  9.22  circumstances manifesting an extreme indifference to human life; 
  9.23  or 
  9.24     (6) causes the death of a human being while committing 
  9.25  domestic abuse, when the perpetrator has engaged in a past 
  9.26  pattern of domestic abuse upon the victim or upon another family 
  9.27  or household member and the death occurs under circumstances 
  9.28  manifesting an extreme indifference to human life. 
  9.29     For purposes of clause (5), "child abuse" means an act 
  9.30  committed against a minor victim that constitutes a violation of 
  9.31  the following laws of this state or any similar laws of the 
  9.32  United States or any other state:  section 609.221; 609.222; 
  9.33  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  9.34  609.377; 609.378; or 609.713. 
  9.35     For purposes of clause (6), "domestic abuse" means an act 
  9.36  that: 
 10.1      (1) constitutes a violation of section 609.221, 609.222, 
 10.2   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 10.3   609.713, or any similar laws of the United States or any other 
 10.4   state; and 
 10.5      (2) is committed against the victim who is a family or 
 10.6   household member as defined in section 518B.01, subdivision 2, 
 10.7   paragraph (b). 
 10.8      Sec. 9.  Minnesota Statutes 1998, section 609.224, 
 10.9   subdivision 2, is amended to read: 
 10.10     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 10.11  provisions of subdivision 1 against the same victim during the 
 10.12  time period between a previous conviction or adjudication of 
 10.13  delinquency under this section, sections 609.221 to 609.2231, 
 10.14  609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
 10.15  similar law of another state, and the end of the five years 
 10.16  following discharge from sentence or disposition for that 
 10.17  conviction or adjudication, is guilty of a gross misdemeanor and 
 10.18  may be sentenced to imprisonment for not more than one year or 
 10.19  to payment of a fine of not more than $3,000, or both.  
 10.20     (b) Whoever violates the provisions of subdivision 1 within 
 10.21  two years of a previous conviction or adjudication of 
 10.22  delinquency under this section or sections 609.221 to 609.2231, 
 10.23  609.2242, 609.377, or 609.713, or any similar law of another 
 10.24  state, is guilty of a gross misdemeanor and may be sentenced to 
 10.25  imprisonment for not more than one year or to payment of a fine 
 10.26  of not more than $3,000, or both. 
 10.27     (c) A caregiver, as defined in section 609.232, who is an 
 10.28  individual and who violates the provisions of subdivision 1 
 10.29  against a vulnerable adult, as defined in section 609.232, is 
 10.30  guilty of a gross misdemeanor and may be sentenced to 
 10.31  imprisonment for not more than one year or to payment of a fine 
 10.32  of not more than $3,000, or both. 
 10.33     Sec. 10.  Minnesota Statutes 1998, section 609.224, 
 10.34  subdivision 4, is amended to read: 
 10.35     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 10.36  subdivision 1 against the same victim during the time period 
 11.1   between the first of any combination of two or more previous 
 11.2   convictions or adjudications of delinquency under this section 
 11.3   or sections 609.221 to 609.2231, 609.2242, 609.342 to 
 11.4   609.345, 609.377, or 609.713, or any similar law of another 
 11.5   state, and the end of the five years following discharge from 
 11.6   sentence or disposition for that conviction or adjudication is 
 11.7   guilty of a felony and may be sentenced to imprisonment for not 
 11.8   more than five years or payment of a fine of not more than 
 11.9   $10,000, or both. 
 11.10     (b) Whoever violates the provisions of subdivision 1 within 
 11.11  three years of the first of any combination of two or more 
 11.12  previous convictions or adjudications of delinquency under this 
 11.13  section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
 11.14  609.713, or any similar law of another state, is guilty of a 
 11.15  felony and may be sentenced to imprisonment for not more than 
 11.16  five years or to payment of a fine of not more than $10,000, or 
 11.17  both. 
 11.18     Sec. 11.  Minnesota Statutes 1998, section 609.2242, 
 11.19  subdivision 2, is amended to read: 
 11.20     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 11.21  1 during the time period between a previous conviction or 
 11.22  adjudication of delinquency under this section or sections 
 11.23  609.221 to 609.2231, 609.224, 609.342 to 609.345, 609.377, or 
 11.24  609.713, or any similar law of another state, against a family 
 11.25  or household member as defined in section 518B.01, subdivision 
 11.26  2, and the end of the five years following discharge from 
 11.27  sentence or disposition for that conviction or adjudication is 
 11.28  guilty of a gross misdemeanor and may be sentenced to 
 11.29  imprisonment for not more than one year or to payment of a fine 
 11.30  of not more than $3,000, or both. 
 11.31     Sec. 12.  Minnesota Statutes 1998, section 609.2242, 
 11.32  subdivision 4, is amended to read: 
 11.33     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
 11.34  section or section 609.224, subdivision 1, against the same 
 11.35  victim during the time period between the first of any 
 11.36  combination of two or more previous convictions or adjudications 
 12.1   of delinquency under this section or sections 609.221 to 
 12.2   609.2231, 609.224, 609.342 to 609.345, 609.377, or 609.713, or 
 12.3   any similar law of another state and the end of the five years 
 12.4   following discharge from sentence or disposition for that 
 12.5   conviction or adjudication is guilty of a felony and may be 
 12.6   sentenced to imprisonment for not more than five years or 
 12.7   payment of a fine of not more than $10,000, or both. 
 12.8      Sec. 13.  Minnesota Statutes 1998, section 609.342, 
 12.9   subdivision 3, is amended to read: 
 12.10     Subd. 3.  [STAY.] Except when imprisonment is required 
 12.11  under section 609.109, if a person is convicted under 
 12.12  subdivision 1, clause (g), the court may stay imposition or 
 12.13  execution of the sentence if it finds that: 
 12.14     (a) a stay is in the best interest of the complainant or 
 12.15  the family unit; and 
 12.16     (b) a professional assessment indicates that the offender 
 12.17  has been accepted by and can respond to a treatment program. 
 12.18     If the court stays imposition or execution of sentence, it 
 12.19  shall include the following as conditions of probation: 
 12.20     (1) incarceration in a local jail or workhouse; 
 12.21     (2) a requirement that the offender complete a treatment 
 12.22  program; and 
 12.23     (3) a requirement that the offender have no unsupervised 
 12.24  contact with the complainant until the offender has successfully 
 12.25  completed the treatment program unless approved by the treatment 
 12.26  program and the supervising correctional agent.  
 12.27     Sec. 14.  Minnesota Statutes 1998, section 609.343, 
 12.28  subdivision 3, is amended to read: 
 12.29     Subd. 3.  [STAY.] Except when imprisonment is required 
 12.30  under section 609.109, if a person is convicted under 
 12.31  subdivision 1, clause (g), the court may stay imposition or 
 12.32  execution of the sentence if it finds that: 
 12.33     (a) a stay is in the best interest of the complainant or 
 12.34  the family unit; and 
 12.35     (b) a professional assessment indicates that the offender 
 12.36  has been accepted by and can respond to a treatment program. 
 13.1      If the court stays imposition or execution of sentence, it 
 13.2   shall include the following as conditions of probation: 
 13.3      (1) incarceration in a local jail or workhouse; 
 13.4      (2) a requirement that the offender complete a treatment 
 13.5   program; and 
 13.6      (3) a requirement that the offender have no unsupervised 
 13.7   contact with the complainant until the offender has successfully 
 13.8   completed the treatment program unless approved by the treatment 
 13.9   program and the supervising correctional agent.  
 13.10     Sec. 15.  Minnesota Statutes 1998, section 609.344, 
 13.11  subdivision 3, is amended to read: 
 13.12     Subd. 3.  [STAY.] Except when imprisonment is required 
 13.13  under section 609.109, if a person is convicted under 
 13.14  subdivision 1, clause (f), the court may stay imposition or 
 13.15  execution of the sentence if it finds that: 
 13.16     (a) a stay is in the best interest of the complainant or 
 13.17  the family unit; and 
 13.18     (b) a professional assessment indicates that the offender 
 13.19  has been accepted by and can respond to a treatment program. 
 13.20     If the court stays imposition or execution of sentence, it 
 13.21  shall include the following as conditions of probation: 
 13.22     (1) incarceration in a local jail or workhouse; 
 13.23     (2) a requirement that the offender complete a treatment 
 13.24  program; and 
 13.25     (3) a requirement that the offender have no unsupervised 
 13.26  contact with the complainant until the offender has successfully 
 13.27  completed the treatment program unless approved by the treatment 
 13.28  program and the supervising correctional agent.  
 13.29     Sec. 16.  Minnesota Statutes 1998, section 609.345, 
 13.30  subdivision 3, is amended to read: 
 13.31     Subd. 3.  [STAY.] Except when imprisonment is required 
 13.32  under section 609.109, if a person is convicted under 
 13.33  subdivision 1, clause (f), the court may stay imposition or 
 13.34  execution of the sentence if it finds that: 
 13.35     (a) a stay is in the best interest of the complainant or 
 13.36  the family unit; and 
 14.1      (b) a professional assessment indicates that the offender 
 14.2   has been accepted by and can respond to a treatment program. 
 14.3      If the court stays imposition or execution of sentence, it 
 14.4   shall include the following as conditions of probation: 
 14.5      (1) incarceration in a local jail or workhouse; 
 14.6      (2) a requirement that the offender complete a treatment 
 14.7   program; and 
 14.8      (3) a requirement that the offender have no unsupervised 
 14.9   contact with the complainant until the offender has successfully 
 14.10  completed the treatment program unless approved by the treatment 
 14.11  program and the supervising correctional agent. 
 14.12     Sec. 17.  Minnesota Statutes 1998, section 609.377, is 
 14.13  amended to read: 
 14.14     609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
 14.15     Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
 14.16  guardian, or caretaker who, by an intentional act or a series of 
 14.17  intentional acts with respect to a child, evidences unreasonable 
 14.18  force or cruel discipline that is excessive under the 
 14.19  circumstances is guilty of malicious punishment of a child and 
 14.20  may be sentenced to imprisonment for not more than one year or 
 14.21  to payment of a fine of not more than $3,000, or both as 
 14.22  provided in subdivisions 2 to 6. 
 14.23     Subd. 2.  [GROSS MISDEMEANOR.] If the punishment results in 
 14.24  less than substantial bodily harm, the person may be sentenced 
 14.25  to imprisonment for not more than one year or to payment of a 
 14.26  fine of not more than $3,000, or both. 
 14.27     Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
 14.28  provisions of subdivision 2 during the time period between a 
 14.29  previous conviction or adjudication for delinquency under this 
 14.30  section or sections 609.221 to 609.2231, 609.224, 609.2242, 
 14.31  609.342 to 609.345, or 609.713, and the end of five years 
 14.32  following discharge from sentence or disposition for that 
 14.33  conviction or adjudication may be sentenced to imprisonment for 
 14.34  not more than five years or a fine of $10,000, or both. 
 14.35     Subd. 4.  [FELONY; CHILD UNDER AGE FOUR.] If the punishment 
 14.36  is to a child under the age of four and causes bodily harm to 
 15.1   the head, eyes, neck, or otherwise causes multiple bruises to 
 15.2   the body, the person may be sentenced to imprisonment for not 
 15.3   more than five years or a fine of $10,000, or both. 
 15.4      Subd. 5.  [FELONY; SUBSTANTIAL BODILY HARM.] If the 
 15.5   punishment results in substantial bodily harm, that the person 
 15.6   may be sentenced to imprisonment for not more than five years or 
 15.7   to payment of a fine of not more than $10,000, or both. 
 15.8      Subd. 6.  [FELONY; GREAT BODILY HARM.] If the punishment 
 15.9   results in great bodily harm, that the person may be sentenced 
 15.10  to imprisonment for not more than ten years or to payment of a 
 15.11  fine of not more than $20,000, or both. 
 15.12     If the punishment is to a child under the age of four and 
 15.13  causes bodily harm to the head, eyes, neck, or otherwise causes 
 15.14  multiple bruises to the body, the person may be sentenced to 
 15.15  imprisonment for not more than five years or a fine of $10,000, 
 15.16  or both. 
 15.17     Sec. 18.  Minnesota Statutes 1998, section 609.749, 
 15.18  subdivision 3, is amended to read: 
 15.19     Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
 15.20  of the following acts is guilty of a felony: 
 15.21     (1) commits any offense described in subdivision 2 because 
 15.22  of the victim's or another's actual or perceived race, color, 
 15.23  religion, sex, sexual orientation, disability as defined in 
 15.24  section 363.01, age, or national origin; 
 15.25     (2) commits any offense described in subdivision 2 by 
 15.26  falsely impersonating another; 
 15.27     (3) commits any offense described in subdivision 2 and 
 15.28  possesses a dangerous weapon at the time of the offense; 
 15.29     (4) engages in harassing conduct harasses another, as 
 15.30  defined in subdivision 1, with intent to influence or otherwise 
 15.31  tamper with a juror or a judicial proceeding or with intent to 
 15.32  retaliate against a judicial officer, as defined in section 
 15.33  609.415, or a prosecutor, defense attorney, or officer of the 
 15.34  court, because of that person's performance of official duties 
 15.35  in connection with a judicial proceeding; or 
 15.36     (5) commits any offense described in subdivision 2 against 
 16.1   a victim under the age of 18, if the actor is more than 36 
 16.2   months older than the victim. 
 16.3      Sec. 19.  Minnesota Statutes 1998, section 609.749, 
 16.4   subdivision 4, is amended to read: 
 16.5      Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 16.6   person is guilty of a felony who violates any provision of 
 16.7   subdivision 2 during the time period between a previous 
 16.8   conviction or adjudication of delinquency under this section; 
 16.9   sections 609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
 16.10  subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
 16.11  from another state and the end of the ten years following 
 16.12  discharge from sentence or disposition for that conviction or 
 16.13  adjudication. 
 16.14     Sec. 20.  Minnesota Statutes 1998, section 611A.32, 
 16.15  subdivision 2, is amended to read: 
 16.16     Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 16.17  agency may apply to the commissioner for a grant to provide 
 16.18  emergency shelter services, support services, or both, to 
 16.19  battered women and their children.  The application shall be 
 16.20  submitted in a form approved by the commissioner by rule adopted 
 16.21  under chapter 14, after consultation with the advisory council, 
 16.22  and shall include: 
 16.23     (1) a proposal for the provision of emergency shelter 
 16.24  services, support services, or both, for battered women and 
 16.25  their children; 
 16.26     (2) a proposed budget; 
 16.27     (3) evidence of an ability to integrate into the proposed 
 16.28  program the uniform method of data collection and program 
 16.29  evaluation established under sections 611A.33 and 611A.34; 
 16.30     (4) evidence of an ability to represent the interests of 
 16.31  battered women and their children to local law enforcement 
 16.32  agencies and courts, county welfare agencies, and local boards 
 16.33  or departments of health; 
 16.34     (5) evidence of an ability to do outreach to unserved and 
 16.35  underserved populations and to provide culturally and 
 16.36  linguistically appropriate services; and 
 17.1      (6) evidence of a commitment to provide for the protection 
 17.2   of children of battered women and to cooperate with the local 
 17.3   welfare agency to ensure that appropriate safety measures are in 
 17.4   place for both children and battered women; and 
 17.5      (7) any other content the commissioner may require by rule 
 17.6   adopted under chapter 14, after considering the recommendations 
 17.7   of the advisory council. 
 17.8      Programs which have been approved for grants in prior years 
 17.9   may submit materials which indicate changes in items listed in 
 17.10  clauses (1) to (6) (7), in order to qualify for renewal funding. 
 17.11  Nothing in this subdivision may be construed to require programs 
 17.12  to submit complete applications for each year of renewal funding.
 17.13     Sec. 21.  Minnesota Statutes 1998, section 611A.34, 
 17.14  subdivision 3, is amended to read: 
 17.15     Subd. 3.  [DUTIES.] The advisory council shall: 
 17.16     (1) advise the commissioner on all planning, development, 
 17.17  data collection, rulemaking, funding, and evaluation of programs 
 17.18  and services for battered women that are funded under section 
 17.19  611A.32, other than matters of a purely administrative nature; 
 17.20     (2) advise the commissioner on the adoption of rules under 
 17.21  chapter 14 governing the award of grants to ensure that funded 
 17.22  programs are consistent with section 611A.32, subdivision 1; 
 17.23     (3) recommend to the commissioner the names of five 
 17.24  applicants for the position of battered women's program 
 17.25  director; 
 17.26     (4) advise the commissioner on the rules adopted under 
 17.27  chapter 14 pursuant to section 611A.33; 
 17.28     (5) review applications received by the commissioner for 
 17.29  grants under section 611A.32 and make recommendations on the 
 17.30  awarding of grants; and 
 17.31     (6) advise the program director in the performance of 
 17.32  duties in the administration and coordination of the programs 
 17.33  funded under section 611A.32; and 
 17.34     (7) evaluate the level of cooperation and collaboration 
 17.35  between battered women's programs and local welfare agencies in 
 17.36  providing for the safety of children of battered women and make 
 18.1   recommendations to the commissioner for improving collaboration. 
 18.2      Sec. 22.  Minnesota Statutes 1998, section 624.712, 
 18.3   subdivision 5, is amended to read: 
 18.4      Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 18.5   murder in the first, second, and third degrees, manslaughter in 
 18.6   the first and second degrees, aiding suicide, aiding attempted 
 18.7   suicide, felony violations of assault in the first, second, 
 18.8   third, and fourth degrees, assaults motivated by bias under 
 18.9   section 609.2231, subdivision 4, drive-by shootings, terroristic 
 18.10  threats, use of drugs to injure or to facilitate crime, crimes 
 18.11  committed for the benefit of a gang, commission of a crime while 
 18.12  wearing or possessing a bullet-resistant vest, simple robbery, 
 18.13  aggravated robbery, kidnapping, false imprisonment, criminal 
 18.14  sexual conduct in the first, second, third, and fourth degrees, 
 18.15  theft of a firearm, felony theft involving the intentional 
 18.16  taking or driving of a motor vehicle without the consent of the 
 18.17  owner or the authorized agent of the owner, felony theft 
 18.18  involving the taking of property from a burning, abandoned, or 
 18.19  vacant building, or from an area of destruction caused by civil 
 18.20  disaster, riot, bombing, or the proximity of battle, felony 
 18.21  theft involving the theft of a controlled substance, an 
 18.22  explosive, or an incendiary device, arson in the first and 
 18.23  second degrees, riot, burglary in the first, second, third, and 
 18.24  fourth degrees, harassment and stalking, shooting at a public 
 18.25  transit vehicle or facility, reckless use of a gun or dangerous 
 18.26  weapon, intentionally pointing a gun at or towards a human 
 18.27  being, setting a spring gun, and unlawfully owning, possessing, 
 18.28  operating a machine gun or short-barreled shotgun, and an 
 18.29  attempt to commit any of these offenses, as each of those 
 18.30  offenses is defined in chapter 609.  "Crime of violence" also 
 18.31  includes felony violations of the following:  malicious 
 18.32  punishment of a child; neglect or endangerment of a 
 18.33  child; assault in the fifth degree; domestic assault; and 
 18.34  chapter 152. 
 18.35     Sec. 23.  Minnesota Statutes 1998, section 626.556, 
 18.36  subdivision 2, is amended to read: 
 19.1      Subd. 2.  [DEFINITIONS.] As used in this section, the 
 19.2   following terms have the meanings given them unless the specific 
 19.3   content indicates otherwise: 
 19.4      (a) "Sexual abuse" means the subjection of a child by a 
 19.5   person responsible for the child's care, by a person who has a 
 19.6   significant relationship to the child, as defined in section 
 19.7   609.341, or by a person in a position of authority, as defined 
 19.8   in section 609.341, subdivision 10, to any act which constitutes 
 19.9   a violation of section 609.342, 609.343, 609.344, or 609.345.  
 19.10  Sexual abuse also includes any act which involves a minor which 
 19.11  constitutes a violation of sections 609.321 to 609.324 or 
 19.12  617.246.  Sexual abuse includes threatened sexual abuse.  
 19.13     (b) "Person responsible for the child's care" means (1) an 
 19.14  individual functioning within the family unit and having 
 19.15  responsibilities for the care of the child such as a parent, 
 19.16  guardian, or other person having similar care responsibilities, 
 19.17  or (2) an individual functioning outside the family unit and 
 19.18  having responsibilities for the care of the child such as a 
 19.19  teacher, school administrator, or other lawful custodian of a 
 19.20  child having either full-time or short-term care 
 19.21  responsibilities including, but not limited to, day care, 
 19.22  babysitting whether paid or unpaid, counseling, teaching, and 
 19.23  coaching.  
 19.24     (c) "Neglect" means: 
 19.25     (1) failure by a person responsible for a child's care to 
 19.26  supply a child with necessary food, clothing, shelter or medical 
 19.27  care when reasonably able to do so, failure to protect a child 
 19.28  from conditions or actions which imminently and seriously 
 19.29  endanger the child's physical or mental health when reasonably 
 19.30  able to do so, or failure to take steps to ensure that a child 
 19.31  is educated in accordance with state law. Nothing in this 
 19.32  section shall be construed to mean that a child is neglected 
 19.33  solely because the child's parent, guardian, or other person 
 19.34  responsible for the child's care in good faith selects and 
 19.35  depends upon spiritual means or prayer for treatment or care of 
 19.36  disease or remedial care of the child in lieu of medical care; 
 20.1   except that a parent, guardian, or caretaker, or a person 
 20.2   mandated to report pursuant to subdivision 3, has a duty to 
 20.3   report if a lack of medical care may cause serious danger to the 
 20.4   child's health.  This section does not impose upon persons, not 
 20.5   otherwise legally responsible for providing a child with 
 20.6   necessary food, clothing, shelter, education, or medical care, a 
 20.7   duty to provide that care. Neglect includes; 
 20.8      (2) prenatal exposure to a controlled substance, as defined 
 20.9   in section 253B.02, subdivision 2, used by the mother for a 
 20.10  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 20.11  child at birth, results of a toxicology test performed on the 
 20.12  mother at delivery or the child at birth, or medical effects or 
 20.13  developmental delays during the child's first year of life that 
 20.14  medically indicate prenatal exposure to a controlled substance.  
 20.15  Neglect also means; 
 20.16     (3) "medical neglect" as defined in section 260.015, 
 20.17  subdivision 2a, clause (5).; 
 20.18     (4) that the parent or other person responsible for the 
 20.19  care of the child: 
 20.20     (i) engages in violent behavior that demonstrates a 
 20.21  disregard for the well-being of the child as indicated by action 
 20.22  that could reasonably result in serious physical, mental, or 
 20.23  threatened injury, or emotional damage to the child; 
 20.24     (ii) engages in repeated domestic assault that would 
 20.25  constitute a violation of section 609.2242, subdivision 2 or 4; 
 20.26     (iii) commits domestic assault that would constitute a 
 20.27  violation of section 609.2242 within sight or sound of the 
 20.28  child; or 
 20.29     (iv) subjects the child to ongoing domestic violence in the 
 20.30  home environment that is likely to have a detrimental effect on 
 20.31  the well-being of the child. 
 20.32     (d) "Physical abuse" means any physical or mental injury, 
 20.33  or threatened injury, inflicted by a person responsible for the 
 20.34  child's care on a child other than by accidental means, or any 
 20.35  physical or mental injury that cannot reasonably be explained by 
 20.36  the child's history of injuries, or any aversive and deprivation 
 21.1   procedures that have not been authorized under section 245.825.  
 21.2      (e) "Report" means any report received by the local welfare 
 21.3   agency, police department, or county sheriff pursuant to this 
 21.4   section. 
 21.5      (f) "Facility" means a day care facility, residential 
 21.6   facility, agency, hospital, sanitarium, or other facility or 
 21.7   institution required to be licensed pursuant to sections 144.50 
 21.8   to 144.58, 241.021, or 245A.01 to 245A.16.  
 21.9      (g) "Operator" means an operator or agency as defined in 
 21.10  section 245A.02.  
 21.11     (h) "Commissioner" means the commissioner of human services.
 21.12     (i) "Assessment" includes authority to interview the child, 
 21.13  the person or persons responsible for the child's care, the 
 21.14  alleged perpetrator, and any other person with knowledge of the 
 21.15  abuse or neglect for the purpose of gathering the facts, 
 21.16  assessing the risk to the child, and formulating a plan.  
 21.17     (j) "Practice of social services," for the purposes of 
 21.18  subdivision 3, includes but is not limited to employee 
 21.19  assistance counseling and the provision of guardian ad litem and 
 21.20  visitation expeditor services.  
 21.21     (k) "Mental injury" means an injury to the psychological 
 21.22  capacity or emotional stability of a child as evidenced by an 
 21.23  observable or substantial impairment in the child's ability to 
 21.24  function within a normal range of performance and behavior with 
 21.25  due regard to the child's culture.  
 21.26     (l) "Threatened injury" means a statement, overt act, 
 21.27  condition, or status that represents a substantial risk of 
 21.28  physical or sexual abuse or mental injury.  
 21.29     Sec. 24.  Minnesota Statutes 1998, section 626.558, 
 21.30  subdivision 1, is amended to read: 
 21.31     Subdivision 1.  [ESTABLISHMENT OF THE TEAM.] A county shall 
 21.32  establish a multidisciplinary child protection team that may 
 21.33  include, but not be limited to, the director of the local 
 21.34  welfare agency or designees, the county attorney or designees, 
 21.35  the county sheriff or designees, representatives of health and 
 21.36  education, representatives of mental health or other appropriate 
 22.1   human service or community-based agencies, and parent groups.  
 22.2   As used in this section, a "community-based agency" may include, 
 22.3   but is not limited to, schools, social service agencies, family 
 22.4   service and mental health collaboratives, early childhood and 
 22.5   family education programs, Head Start, or other agencies serving 
 22.6   children and families.  A member of the team must be designated 
 22.7   as the lead person of the team responsible for coordinating its 
 22.8   activities with battered women's programs and services. 
 22.9      Sec. 25.  Minnesota Statutes 1998, section 629.471, 
 22.10  subdivision 3, is amended to read: 
 22.11     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 22.12  518B.01, 609.224, and 609.2242, and 609.377, the maximum cash 
 22.13  bail that may be required for a person charged with a 
 22.14  misdemeanor or gross misdemeanor violation is six times the 
 22.15  highest cash fine that may be imposed for the offense. 
 22.16     Sec. 26.  Minnesota Statutes 1998, section 630.36, is 
 22.17  amended to read: 
 22.18     630.36 [ISSUES, HOW DISPOSED OF.] 
 22.19     Subdivision 1.  [ORDER.] The issues on the calendar shall 
 22.20  be disposed of in the following order, unless, upon the 
 22.21  application of either party, for good cause, the court directs 
 22.22  an indictment or complaint to be tried out of its order: 
 22.23     (1) indictments or complaints for felony, where the 
 22.24  defendant is in custody; 
 22.25     (2) indictments or complaints for misdemeanor, where the 
 22.26  defendant is in custody; 
 22.27     (3) indictments or complaints alleging child abuse, as 
 22.28  defined in subdivision 2, where the defendant is on bail; 
 22.29     (4) indictments or complaints alleging domestic assault 
 22.30  abuse, as defined in subdivision 3, where the defendant is on 
 22.31  bail; 
 22.32     (5) indictments or complaints for felony, where the 
 22.33  defendant is on bail; and 
 22.34     (6) indictments or complaints for misdemeanor, where the 
 22.35  defendant is on bail.  
 22.36     After a plea, the defendant shall be entitled to at least 
 23.1   four days to prepare for trial, if the defendant requires it.  
 23.2      Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
 23.3   "child abuse" means any an act which involves a minor victim and 
 23.4   which constitutes a violation of section 609.221, 609.222, 
 23.5   609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.324, 
 23.6   609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, 
 23.7   or 609.224 if the minor victim is a family or household member 
 23.8   of the defendant. 
 23.9      Subd. 3.  [DOMESTIC ASSAULT ABUSE DEFINED.] As used in 
 23.10  subdivision 1, "domestic assault abuse" means an assault 
 23.11  committed by the actor against a family or household member, as 
 23.12  defined has the meaning given in section 518B.01, subdivision 2. 
 23.13     Sec. 27.  Minnesota Statutes 1998, section 634.20, is 
 23.14  amended to read: 
 23.15     634.20 [EVIDENCE OF PRIOR CONDUCT.] 
 23.16     Evidence of similar prior conduct by the accused against 
 23.17  the victim of domestic abuse, as defined under section 518B.01, 
 23.18  subdivision 2, including evidence of a violation against a 
 23.19  family or household member of: 
 23.20     (1) an order for protection under section 518B.01; 
 23.21     (2) section 609.713, subdivision 1; 
 23.22     (3) a harassment restraining order under section 609.748; 
 23.23  or 
 23.24     (4) section 609.79, subdivision 1; 
 23.25  or against other family or household members, is admissible 
 23.26  unless the probative value is substantially outweighed by the 
 23.27  danger of unfair prejudice, confusion of the issue, or 
 23.28  misleading the jury, or by considerations of undue delay, waste 
 23.29  of time, or needless presentation of cumulative 
 23.30  evidence.  "Similar prior conduct" includes, but is not limited 
 23.31  to, evidence of domestic abuse, violation of an order for 
 23.32  protection under section 518B.01; violation of a harassment 
 23.33  restraining order under section 609.748; or violation of section 
 23.34  609.749 or 609.79, subdivision 1.  "Domestic abuse" and "family 
 23.35  or household members" have the meanings given under section 
 23.36  518B.01, subdivision 2. 
 24.1      Sec. 28.  [EFFECTIVE DATES.] 
 24.2      Section 4 is effective the day following final enactment.  
 24.3   Sections 5, 6, 20, 21, 22, 26, and 27 are effective August 1, 
 24.4   1999.  Sections 7 to 19 and 25 are effective August 1, 1999, and 
 24.5   apply to crimes committed on or after that date.