as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 03:43pm
|Introduction||Posted on 02/23/2012|
A bill for an act
relating to public safety; providing for a domestic abuse no contact order as
a criminal order; modifying when proceeding occurs; amending Minnesota
Statutes 2010, section 629.75, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 629.75, subdivision 1, is amended to read:
(a) A domestic abuse no contact order
is deleted text beginandeleted text endnew text beginnew text end order issued by a court against a defendant in a criminal proceeding or a
juvenile offender in a delinquency proceeding for:
(1) domestic abuse as defined in section 518B.01, subdivision 2;
(3) violation of an order for protection under section 518B.01, subdivision 14; or
(4) violation of a prior domestic abuse no contact order under this section or
Minnesota Statutes 2008, section 518B.01, subdivision 22.
(b) A domestic abuse no contact order may be issued as a pretrial order before final
disposition of the underlying criminal case or as a postconviction probationary order. A
domestic abuse no contact order is independent of any condition of pretrial release or
probation imposed on the defendant. A domestic abuse no contact order may be issued in
addition to a similar restriction imposed as a condition of pretrial release or probation. In
the context of a postconviction probationary order, a domestic abuse no contact order may
be issued for an offense listed in paragraph (a) or for a conviction for any offense arising
out of the same set of circumstances as an offense listed in paragraph (a).
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(c) A no contact order under this section shall be issued in a proceeding that is
separate from but held immediately following a proceeding in which any pretrial release
or sentencing issues are decided.
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