Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 461-H.F.No. 1952 
           An act relating to crimes; permitting individuals to 
          request that the commissioner of public safety hold 
          certain information on the individual as private; 
          increasing penalties for certain acts of harassment; 
          clarifying that terroristic threats include those made 
          indirectly; authorizing courts to issue orders to 
          restrain acts of harassment; amending Minnesota 
          Statutes 1988, sections 171.12, by adding a 
          subdivision; and 609.713, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapters 168 
          and 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
     Section 1.  [168.346] [PRIVACY OF RESIDENCE ADDRESS.] 
    The registered owner of a motor vehicle may request in 
writing that the owner's residence address be classified as 
private data on individuals, as defined in section 13.02, 
subdivision 12.  The commissioner shall grant the classification 
upon receipt of a signed statement by the owner that the 
classification is required for the safety of the owner or the 
owner's family, if the statement also provides a valid, existing 
address where the owner consents to receive service of process.  
The commissioner shall use the mailing address in place of the 
residence address in all documents and notices pertaining to the 
motor vehicle.  The residence address and any information 
provided in the classification request, other than the mailing 
address, are private data on individuals and may be provided to 
requesting law enforcement agencies. 
    Sec. 2.  Minnesota Statutes 1988, section 171.12, is 
amended by adding a subdivision to read: 
    Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] An applicant for 
a driver's license or a Minnesota identification card may 
request that the applicant's residence address be classified as 
private data on individuals, as defined in section 13.02, 
subdivision 12.  The commissioner shall grant the classification 
upon receipt of a signed statement by the individual that the 
classification is required for the safety of the applicant or 
the applicant's family, if the statement also provides a valid, 
existing address where the applicant consents to receive service 
of process.  The commissioner shall use the mailing address in 
place of the residence address in all documents and notices 
pertaining to the driver's license or identification card.  The 
residence address and any information provided in the 
classification request, other than the mailing address, are 
private data on individuals and may be provided to requesting 
law enforcement agencies. 
    Sec. 3.  Minnesota Statutes 1988, section 609.713, 
subdivision 1, is amended to read:  
    Subdivision 1.  Whoever threatens, directly or indirectly, 
to commit any crime of violence with purpose to terrorize 
another or to cause evacuation of a building, place of assembly 
or facility of public transportation or otherwise to cause 
serious public inconvenience, or in a reckless disregard of the 
risk of causing such terror or inconvenience may be sentenced to 
imprisonment for not more than five years. 
    Sec. 4.  [609.747] [HARASSMENT; ENHANCED PENALTIES.] 
    Subdivision 1.  [MULTIPLE ACTS OF HARASSMENT.] It is a 
gross misdemeanor for a person to commit more than one act of 
harassment in violation of section 609.605, subdivision 1, 
paragraph (b), clause (7), against the same individual within 
six consecutive months.  As used in this subdivision, 
"individual" means a natural person.  
    Subd. 2.  [HARASSMENT FOLLOWING ASSAULT OR TERRORISTIC 
THREAT.] (a) It is a gross misdemeanor for a person who has been 
convicted of assault or terroristic threat to commit harassment: 
    (1) against the same victim, within five consecutive years 
after the conviction; or 
    (2) against any victim, within two consecutive years after 
the conviction.  
    (b) In this subdivision:  
    (1) "assault" means a violation of section 609.221, 
609.222, 609.223, 609.2231, or 609.224; 
    (2) "harassment" means a violation of section 609.605, 
subdivision 1, paragraph (b), clause (7); 609.746, subdivision 
2; 609.79, subdivision 1, clause (1)(b); or 609.795, subdivision 
1, clause (3); and 
    (3) "terroristic threat" means a violation of section 
609.713, subdivision 1 or 3.  
    Sec. 5.  [609.748] [HARASSMENT; RESTRAINING ORDER.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"harassment" means repeated, intrusive, or unwanted acts, words, 
or gestures that are intended to adversely affect the safety, 
security, or privacy of another, regardless of the relationship 
between the actor and the intended target.  
    Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
is a victim of harassment may seek a restraining order from the 
district court in the manner provided in this section.  The 
parent or guardian of a minor who is a victim of harassment may 
seek a restraining order from the juvenile court on behalf of 
the minor.  
    Subd. 3.  [CONTENTS OF PETITION.] A petition for relief 
must allege facts sufficient to show the following:  
    (1) the name of the alleged harassment victim; 
    (2) the name of the respondent; and 
    (3) that the respondent has engaged in harassment. 
The petition shall be accompanied by an affidavit made under 
oath stating the specific facts and circumstances from which 
relief is sought.  The court shall provide simplified forms and 
clerical assistance to help with the writing and filing of a 
petition under this section.  
    Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
issue a temporary restraining order ordering the respondent to 
cease or avoid the harassment of another person or to have no 
contact with that person if the petitioner files a petition in 
compliance with subdivision 3 and if the court finds reasonable 
grounds to believe that the respondent has engaged in harassment.
    (b) Notice need not be given to the respondent before the 
court issues a temporary restraining order under this 
subdivision.  A temporary restraining order may be entered only 
against the respondent named in the petition.  
    (c) The temporary restraining order is in effect until a 
hearing is held on the issuance of a restraining order under 
subdivision 5.  The court shall hold the hearing on the issuance 
of a restraining order within seven days after the temporary 
restraining order is issued unless (1) the time period is 
extended upon written consent of the parties; or (2) the time 
period is extended by the court for one additional seven-day 
period upon a showing that the respondent has not been served 
with a copy of the temporary restraining order despite the 
exercise of due diligence.  
    Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
restraining order ordering the respondent to cease or avoid the 
harassment of another person or to have no contact with that 
person if all of the following occur:  
    (1) the petitioner has filed a petition under subdivision 
3; 
    (2) the sheriff has served respondent with a copy of the 
temporary restraining order obtained under subdivision 4, and 
with notice of the time and place of the hearing, or service has 
been made by publication under paragraph (b); and 
    (3) the court finds at the hearing that there are 
reasonable grounds to believe that the respondent has engaged in 
harassment.  
A restraining order may be issued only against the respondent 
named in the petition.  Relief granted by the restraining order 
must be for a fixed period of not more than two years.  
    (b) The order may be served on the respondent by means of a 
one-week published notice under section 645.11, if: 
    (1) the petitioner files an affidavit with the court 
stating that an attempt at personal service made by a sheriff 
was unsuccessful because the respondent is avoiding service by 
concealment or otherwise; and 
    (2) a copy of the order is mailed to the respondent at the 
respondent's residence or the respondent is not known to the 
petitioner. 
Service under this paragraph is complete seven days after 
publication. 
    Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
temporary restraining order or a restraining order is granted 
under this section and the respondent knows of the order, 
violation of the order is a misdemeanor.  
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order issued under subdivision 4 or 5 
if the existence of the order can be verified by the officer.  
    Subd. 7.  [COPY TO LAW ENFORCEMENT AGENCY.] An order 
granted under this section shall be forwarded by the court 
administrator within 24 hours to the local law enforcement 
agency with jurisdiction over the residence of the applicant.  
Each appropriate law enforcement agency shall make available to 
other law enforcement officers through a system for 
verification, information as to the existence and status of any 
order issued under this section. 
    Subd. 8.  [NOTICE.] An order granted under this section 
must contain a conspicuous notice to the respondent: 
    (1) of the specific conduct that will constitute a 
violation of the order; 
    (2) that violation of an order is a misdemeanor punishable 
by imprisonment for up to 90 days or a fine of up to $700 or 
both; and 
    (3) that a peace officer must arrest without warrant and 
take into custody a person if the peace officer has probable 
cause to believe the person has violated a restraining order. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 3 to 5 are effective August 1, 1990, and apply to 
acts committed on or after that date. 
    Presented to the governor April 19, 1990 
    Signed by the governor April 20, 1990, 10:50 a.m.