Minnesota Session Laws - 1993, 1st Special Session

 
    Laws of Minnesota, 1993 First Special Session 

                          CHAPTER 5-H.F.No. 3 
           An act relating to crime; clarifying certain 
          sentencing provisions relating to repeat violators of 
          the domestic abuse or harassment crimes; correcting an 
          erroneous cross reference; amending Minnesota Statutes 
          1992, sections 518B.01, subdivision 14, as amended; 
          609.224, subdivisions 2, as amended, 4, as added; 
          609.748, subdivision 6, as amended; and Laws 1993, 
          chapter 326, article 2, section 22, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 518B.01, 
subdivision 14, as amended by Laws 1993, chapter 326, article 2, 
section 9, is amended to read: 
    Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
Whenever an order for protection is granted pursuant to this 
section, and the respondent or person to be restrained knows of 
the order, violation of the order for protection is a 
misdemeanor.  Upon conviction, the defendant must be sentenced 
to a minimum of three days imprisonment and must be ordered to 
participate in counseling or other appropriate programs selected 
by the court.  If the court stays imposition or execution of the 
jail sentence and the defendant refuses or fails to comply with 
the court's treatment order, the court must impose and execute 
the stayed jail sentence.  A person is guilty of a gross 
misdemeanor who violates this paragraph within five years after 
being discharged from sentence for during the time period 
between a previous conviction under this paragraph or within 
five years after being discharged from sentence for a previous 
conviction under a similar law of another state, is guilty of a 
gross misdemeanor and the end of the five years following 
discharge from sentence for that conviction.  Upon conviction, 
the defendant must be sentenced to a minimum of ten days 
imprisonment and must be ordered to participate in counseling or 
other appropriate programs selected by the court.  
Notwithstanding section 609.135, the court must impose and 
execute the minimum sentence provided in this paragraph for 
gross misdemeanor convictions. 
    (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 granted pursuant to this 
section restraining the person or excluding the person from the 
residence or the petitioner's place of employment, even if the 
violation of the order did not take place in the presence of the 
peace officer, if the existence of the order can be verified by 
the officer.  The person shall be held in custody for at least 
36 hours, excluding the day of arrest, Sundays, and holidays, 
unless the person is released earlier by a judge or judicial 
officer.  A peace officer acting in good faith and exercising 
due care in making an arrest pursuant to this paragraph is 
immune from civil liability that might result from the officer's 
actions. 
     (c) A violation of an order for protection shall also 
constitute contempt of court and be subject to the penalties 
therefor.  
     (d) If the court finds that the respondent has violated an 
order for protection and that there is reason to believe that 
the respondent will commit a further violation of the provisions 
of the order restraining the respondent from committing acts of 
domestic abuse or excluding the respondent from the petitioner's 
residence, the court may require the respondent to acknowledge 
an obligation to comply with the order on the record.  The court 
may require a bond sufficient to deter the respondent from 
committing further violations of the order for protection, 
considering the financial resources of the respondent, and not 
to exceed $10,000.  If the respondent refuses to comply with an 
order to acknowledge the obligation or post a bond under this 
paragraph, the court shall commit the respondent to the county 
jail during the term of the order for protection or until the 
respondent complies with the order under this paragraph.  The 
warrant must state the cause of commitment, with the sum and 
time for which any bond is required.  If an order is issued 
under this paragraph, the court may order the costs of the 
contempt action, or any part of them, to be paid by the 
respondent.  An order under this paragraph is appealable.  
    (e) Upon the filing of an affidavit by the petitioner, any 
peace officer, or an interested party designated by the court, 
alleging that the respondent has violated any order for 
protection granted pursuant to this section, the court may issue 
an order to the respondent, requiring the respondent to appear 
and show cause within 14 days why the respondent should not be 
found in contempt of court and punished therefor.  The hearing 
may be held by the court in any county in which the petitioner 
or respondent temporarily or permanently resides at the time of 
the alleged violation.  The court also shall refer the violation 
of the order for protection to the appropriate prosecuting 
authority for possible prosecution under paragraph (a). 
    (f) If it is alleged that the respondent has violated an 
order for protection issued under subdivision 6 and the court 
finds that the order has expired between the time of the alleged 
violation and the court's hearing on the violation, the court 
may grant a new order for protection under subdivision 6 based 
solely on the respondent's alleged violation of the prior order, 
to be effective until the hearing on the alleged violation of 
the prior order.  If the court finds that the respondent has 
violated the prior order, the relief granted in the new order 
for protection shall be extended for a fixed period, not to 
exceed one year. 
    (g) The admittance into petitioner's dwelling of an abusing 
party excluded from the dwelling under an order for protection 
is not a violation by the petitioner of the order for protection.
    A peace officer is not liable under section 609.43, clause 
(1), for a failure to perform a duty required by paragraph (b).  
     Sec. 2.  Minnesota Statutes 1992, section 609.224, 
subdivision 2, as amended by Laws 1993, chapter 326, article 2, 
section 11, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years after being discharged from sentence for during the time 
period between a previous conviction under this section, 
sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
any similar law of another state, and the end of the five years 
following discharge from sentence for that conviction, is guilty 
of a gross misdemeanor and may be sentenced to imprisonment for 
not more than one year or to payment of a fine of not more than 
$3,000, or both.  Whoever violates the provisions of subdivision 
1 against a family or household member as defined in section 
518B.01, subdivision 2, within five years after being discharged 
from sentence for during the time period between a previous 
conviction under this section or sections 609.221 to 609.2231, 
609.342 to 609.345, or 609.713 against a family or household 
member, and the end of the five years following discharge from 
sentence for that conviction is guilty of a gross misdemeanor 
and may be sentenced to imprisonment for not more than one year 
or to payment of a fine of not more than $3,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
two years of a previous conviction under this section or 
sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
misdemeanor and may be sentenced to imprisonment for not more 
than one year or to payment of a fine of not more than $3,000, 
or both. 
     Sec. 3.  Minnesota Statutes 1992, section 609.224, 
subdivision 4, as added by Laws 1993, chapter 326, article 2, 
section 12, is amended to read: 
    Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
subdivision 1 against the same victim within five years after 
being discharged from sentence for during the time period 
between the first of two or more previous convictions under this 
section or sections 609.221 to 609.2231, 609.342 to 609.345, or 
609.713, and the end of the five years following discharge from 
sentence for that conviction is guilty of a felony and may be 
sentenced to imprisonment for not more than five years or 
payment of a fine of not more than $10,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
three years of the first of two or more previous convictions 
under this section or sections 609.221 to 609.2231 or 609.713 is 
guilty of a felony and may be sentenced to imprisonment for not 
more than five years or to payment of a fine of not more than 
$10,000, or both. 
     Sec. 4.  Minnesota Statutes 1992, section 609.748, 
subdivision 6, as amended by Laws 1993, chapter 326, article 2, 
section 19, is amended to read: 
    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.  A person is guilty of 
a gross misdemeanor who knowingly violates the order within five 
years after being discharged from sentence for during the time 
period between a previous conviction under this subdivision; 
sections 609.221 to 609.224; 518B.01, subdivision 14; 609.713, 
subdivisions 1 or 3; or 609.749; and the end of the five years 
following discharge from sentence for that conviction. 
    (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.  
    (c) A violation of a temporary restraining order or 
restraining order shall also constitute contempt of court. 
    (d) Upon the filing of an affidavit by the petitioner, any 
peace officer, or an interested party designated by the court, 
alleging that the respondent has violated an order issued under 
subdivision 4 or 5, the court may issue an order to the 
respondent requiring the respondent to appear within 14 days and 
show cause why the respondent should not be held in contempt of 
court.  The court also shall refer the violation of the order to 
the appropriate prosecuting authority for possible prosecution 
under paragraph (a). 
     Sec. 5.  Laws 1993, chapter 326, article 2, section 22, 
subdivision 4, is amended to read: 
    Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
person is guilty of a felony who violates any provision of 
subdivision 2 within ten years after being discharged from 
sentence for during the time period between a previous 
conviction under this section; sections 609.221 to 609.224; 
518B.01, subdivision 14; 609.748, subdivision 6; or 609.713, 
subdivision 1, or 3, or 4; and the end of the ten years 
following discharge from sentence for that conviction. 
     Sec. 6.  [EFFECTIVE DATE.] 
     Sections 1 to 5 are effective the day following final 
enactment and apply to crimes committed on or after that date. 
    Presented to the governor May 27, 1993 
    Signed by the governor May 27, 1993, 4:23 p.m.