Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 437-S.F.No. 551 
                  An act relating to domestic abuse; authorizing service 
                  of short form notification in lieu of personal service 
                  for orders for protection; expanding the definition of 
                  first degree murder in situations involving domestic 
                  abuse; providing enhanced penalties based upon a 
                  previous conviction or adjudication for malicious 
                  punishment of a child and other laws; increasing the 
                  cash bail for individuals charged with malicious 
                  punishment of a child; clarifying when evidence of 
                  similar prior conduct of an accused related to 
                  domestic abuse is admissible; changing certain 
                  domestic abuse enforcement procedures; changing a 
                  definition in the law related to the order of 
                  disposition of issues on a court's calendar; providing 
                  criminal penalties; amending Minnesota Statutes 1998, 
                  sections 518B.01, subdivisions 5, 8, and by adding 
                  subdivisions; 609.185; 609.224, subdivisions 2 and 4; 
                  609.2242, subdivisions 2 and 4; 609.342, subdivision 
                  3; 609.343, subdivision 3; 609.344, subdivision 3; 
                  609.345, subdivision 3; 609.377; 609.749, subdivisions 
                  3 and 4; 629.471, subdivision 3; 630.36; and 634.20. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
        receipt of the petition, the court shall order a hearing which 
        shall be held not later than 14 days from the date of the 
        order.  If an ex parte order has been issued under subdivision 7 
        and a hearing requested, the time periods under subdivision 7 
        for holding a hearing apply.  Personal service shall be made 
        upon the respondent not less than five days prior to the 
        hearing, if the hearing was requested by the petitioner.  If a 
        hearing was requested by the petitioner, personal service of the 
        ex parte order may be made upon the respondent at any time up to 
        12 hours prior to the time set for the hearing, provided that 
        the respondent at the hearing may request a continuance of up to 
        five days if served fewer than five days prior to the hearing 
        which continuance shall be granted unless there are compelling 
        reasons not to.  If the hearing was requested by the respondent 
        after issuance of an ex parte order under subdivision 7, service 
        of the notice of hearing must be made upon the petitioner not 
        less than five days prior to the hearing.  The court shall serve 
        the notice of hearing upon the petitioner by mail in the manner 
        provided in the rules of civil procedure for pleadings 
        subsequent to a complaint and motions and shall also mail notice 
        of the date and time of the hearing to the respondent.  In the 
        event that service cannot be completed in time to give the 
        respondent or petitioner the minimum notice required under this 
        paragraph, the court may set a new hearing date.  
           (b) Notwithstanding the provisions of paragraph (a), 
        service on the respondent may be made by one week published 
        notice, as provided under section 645.11, provided the 
        petitioner files with the court an affidavit stating that an 
        attempt at personal service made by a sheriff or other law 
        enforcement or corrections officer was unsuccessful because the 
        respondent is avoiding service by concealment or otherwise, and 
        that a copy of the petition and notice of hearing has been 
        mailed to the respondent at the respondent's residence or that 
        the residence is not known to the petitioner.  Service under 
        this paragraph is complete seven days after publication.  The 
        court shall set a new hearing date if necessary to allow the 
        respondent the five-day minimum notice required under paragraph 
        (a). 
           Sec. 2.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
        NOTICE.] (a) The petition and any order issued under this 
        section shall be served on the respondent personally.  In lieu 
        of personal service of an order for protection, a law 
        enforcement officer may serve a person with a short form 
        notification as provided in subdivision 8a. 
           (b) When service is made out of this state and in the 
        United States, it may be proved by the affidavit of the person 
        making the service.  When service is made outside the United 
        States, it may be proved by the affidavit of the person making 
        the service, taken before and certified by any United States 
        minister, charge d'affaires, commissioner, consul, or commercial 
        agent, or other consular or diplomatic officer of the United 
        States appointed to reside in the other country, including all 
        deputies or other representatives of the officer authorized to 
        perform their duties; or before an office authorized to 
        administer an oath with the certificate of an officer of a court 
        of record of the country in which the affidavit is taken as to 
        the identity and authority of the officer taking the affidavit.  
           (c) If personal service cannot be made, the court may order 
        service of the petition and any order issued under this section 
        by alternate means, or by publication, which publication must be 
        made as in other actions.  The application for alternate service 
        must include the last known location of the respondent; the 
        petitioner's most recent contacts with the respondent; the last 
        known location of the respondent's employment; the names and 
        locations of the respondent's parents, siblings, children, and 
        other close relatives; the names and locations of other persons 
        who are likely to know the respondent's whereabouts; and a 
        description of efforts to locate those persons. 
           The court shall consider the length of time the 
        respondent's location has been unknown, the likelihood that the 
        respondent's location will become known, the nature of the 
        relief sought, and the nature of efforts made to locate the 
        respondent.  The court shall order service by first class mail, 
        forwarding address requested, to any addresses where there is a 
        reasonable possibility that mail or information will be 
        forwarded or communicated to the respondent.  
           The court may also order publication, within or without the 
        state, but only if it might reasonably succeed in notifying the 
        respondent of the proceeding.  Service shall be deemed complete 
        14 days after mailing or 14 days after court-ordered publication.
           (d) A petition and any order issued under this section, 
        including the short form notification, must include a notice to 
        the respondent that if an order for protection is issued to 
        protect the petitioner or a child of the parties, upon request 
        of the petitioner in any visitation proceeding, the court shall 
        consider the order for protection in making a decision regarding 
        visitation.  
           Sec. 3.  Minnesota Statutes 1998, section 518B.01, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [SHORT FORM NOTIFICATION.] (a) In lieu of 
        personal service of an order for protection under subdivision 8, 
        a law enforcement officer may serve a person with a short form 
        notification.  The short form notification must include the 
        following clauses:  the respondent's name; the respondent's date 
        of birth, if known; the petitioner's name; the names of other 
        protected parties; the date and county in which the ex parte 
        order for protection or order for protection was filed; the 
        court file number; the hearing date and time, if known; the 
        conditions that apply to the respondent, either in checklist 
        form or handwritten; and the name of the judge who signed the 
        order. 
           The short form notification must be in bold print in the 
        following form: 
           The order for protection is now enforceable.  You must 
        report to your nearest sheriff office or county court to obtain 
        a copy of the order for protection.  You are subject to arrest 
        and may be charged with a misdemeanor, gross misdemeanor, or 
        felony if you violate any of the terms of the order for 
        protection or this short form notification. 
           (b) Upon verification of the identity of the respondent and 
        the existence of an unserved order for protection against the 
        respondent, a law enforcement officer may detain the respondent 
        for a reasonable time necessary to complete and serve the short 
        form notification. 
           (c) When service is made by short form notification, it may 
        be proved by the affidavit of the law enforcement officer making 
        the service. 
           (d) For service under this section only, service upon an 
        individual may occur at any time, including Sundays, and legal 
        holidays. 
           (e) The superintendent of the bureau of criminal 
        apprehension shall provide the short form to law enforcement 
        agencies. 
           Sec. 4.  Minnesota Statutes 1998, section 518B.01, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
        ORDER.] (a) A domestic abuse no contact order is an order issued 
        by a court against a defendant in a criminal proceeding for 
        domestic abuse.  It includes pretrial orders before final 
        disposition of the case and probationary orders after sentencing.
           (b) A person who knows of a domestic abuse no contact order 
        issued against the person and violates the order is guilty of a 
        misdemeanor. 
           (c) 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 a domestic abuse no contact order, 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. 
           Sec. 5.  Minnesota Statutes 1998, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of murder in 
        the first degree and shall be sentenced to imprisonment for life:
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, a drive-by shooting, 
        tampering with a witness in the first degree, escape from 
        custody, or any felony violation of chapter 152 involving the 
        unlawful sale of a controlled substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being while committing 
        domestic abuse, when the perpetrator has engaged in a past 
        pattern of domestic abuse upon the victim or upon another family 
        or household member and the death occurs under circumstances 
        manifesting an extreme indifference to human life. 
           For purposes of clause (5), "child abuse" means an act 
        committed against a minor victim that constitutes a violation of 
        the following laws of this state or any similar laws of the 
        United States or any other state:  section 609.221; 609.222; 
        609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
        609.377; 609.378; or 609.713. 
           For purposes of clause (6), "domestic abuse" means an act 
        that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           Sec. 6.  Minnesota Statutes 1998, section 609.224, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
        provisions of subdivision 1 against the same victim during the 
        time period between a previous conviction or adjudication of 
        delinquency under this section, sections 609.221 to 609.2231, 
        609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
        similar law of another state, and the end of the five years 
        following discharge from sentence or disposition for that 
        conviction or adjudication, 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 or adjudication of 
        delinquency under this section or sections 609.221 to 609.2231, 
        609.2242, 609.377, or 609.713, or any similar law of another 
        state, 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. 
           (c) A caregiver, as defined in section 609.232, who is an 
        individual and who violates the provisions of subdivision 1 
        against a vulnerable adult, as defined in section 609.232, 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. 7.  Minnesota Statutes 1998, section 609.224, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
        subdivision 1 against the same victim during the time period 
        between the first of any combination of two or more previous 
        convictions or adjudications of delinquency under this section 
        or sections 609.221 to 609.2231, 609.2242, 609.342 to 
        609.345, 609.377, or 609.713, or any similar law of another 
        state, and the end of the five years following discharge from 
        sentence or disposition for that conviction or adjudication 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 any combination of two or more 
        previous convictions or adjudications of delinquency under this 
        section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
        609.713, or any similar law of another state, 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. 8.  Minnesota Statutes 1998, section 609.2242, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
        1 during the time period between a previous conviction or 
        adjudication of delinquency under this section or sections 
        609.221 to 609.2231, 609.224, 609.342 to 609.345, 609.377, or 
        609.713, or any similar law of another state, against a family 
        or household member as defined in section 518B.01, subdivision 
        2, and the end of the five years following discharge from 
        sentence or disposition for that conviction or adjudication 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. 9.  Minnesota Statutes 1998, section 609.2242, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FELONY.] Whoever violates the provisions of this 
        section or section 609.224, subdivision 1, against the same 
        victim during the time period between the first of any 
        combination of two or more previous convictions or adjudications 
        of delinquency under this section or sections 609.221 to 
        609.2231, 609.224, 609.342 to 609.345, 609.377, or 609.713, or 
        any similar law of another state and the end of the five years 
        following discharge from sentence or disposition for that 
        conviction or adjudication 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. 
           Sec. 10.  Minnesota Statutes 1998, section 609.342, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109, if a person is convicted under 
        subdivision 1, clause (g), the court may stay imposition or 
        execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           Sec. 11.  Minnesota Statutes 1998, section 609.343, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109, if a person is convicted under 
        subdivision 1, clause (g), the court may stay imposition or 
        execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           Sec. 12.  Minnesota Statutes 1998, section 609.344, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109, if a person is convicted under 
        subdivision 1, clause (f), the court may stay imposition or 
        execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent.  
           Sec. 13.  Minnesota Statutes 1998, section 609.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STAY.] Except when imprisonment is required 
        under section 609.109, if a person is convicted under 
        subdivision 1, clause (f), the court may stay imposition or 
        execution of the sentence if it finds that: 
           (a) a stay is in the best interest of the complainant or 
        the family unit; and 
           (b) a professional assessment indicates that the offender 
        has been accepted by and can respond to a treatment program. 
           If the court stays imposition or execution of sentence, it 
        shall include the following as conditions of probation: 
           (1) incarceration in a local jail or workhouse; 
           (2) a requirement that the offender complete a treatment 
        program; and 
           (3) a requirement that the offender have no unsupervised 
        contact with the complainant until the offender has successfully 
        completed the treatment program unless approved by the treatment 
        program and the supervising correctional agent. 
           Sec. 14.  Minnesota Statutes 1998, section 609.377, is 
        amended to read: 
           609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
           Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
        guardian, or caretaker who, by an intentional act or a series of 
        intentional acts with respect to a child, evidences unreasonable 
        force or cruel discipline that is excessive under the 
        circumstances is guilty of malicious punishment of a child 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 as 
        provided in subdivisions 2 to 6. 
           Subd. 2.  [GROSS MISDEMEANOR.] If the punishment results in 
        less than substantial bodily harm, the person 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. 
           Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
        provisions of subdivision 2 during the time period between a 
        previous conviction or adjudication for delinquency under this 
        section or sections 609.221 to 609.2231, 609.224, 609.2242, 
        609.342 to 609.345, or 609.713, and the end of five years 
        following discharge from sentence or disposition for that 
        conviction or adjudication may be sentenced to imprisonment for 
        not more than five years or a fine of $10,000, or both. 
           Subd. 4.  [FELONY; CHILD UNDER AGE FOUR.] If the punishment 
        is to a child under the age of four and causes bodily harm to 
        the head, eyes, neck, or otherwise causes multiple bruises to 
        the body, the person may be sentenced to imprisonment for not 
        more than five years or a fine of $10,000, or both. 
           Subd. 5.  [FELONY; SUBSTANTIAL BODILY HARM.] If the 
        punishment results in substantial bodily harm, that the person 
        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. 
           Subd. 6.  [FELONY; GREAT BODILY HARM.] If the punishment 
        results in great bodily harm, that the person may be sentenced 
        to imprisonment for not more than ten years or to payment of a 
        fine of not more than $20,000, or both. 
           If the punishment is to a child under the age of four and 
        causes bodily harm to the head, eyes, neck, or otherwise causes 
        multiple bruises to the body, the person may be sentenced to 
        imprisonment for not more than five years or a fine of $10,000, 
        or both. 
           Sec. 15.  Minnesota Statutes 1998, section 609.749, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
        of the following acts is guilty of a felony: 
           (1) commits any offense described in subdivision 2 because 
        of the victim's or another's actual or perceived race, color, 
        religion, sex, sexual orientation, disability as defined in 
        section 363.01, age, or national origin; 
           (2) commits any offense described in subdivision 2 by 
        falsely impersonating another; 
           (3) commits any offense described in subdivision 2 and 
        possesses a dangerous weapon at the time of the offense; 
           (4) engages in harassing conduct harasses another, as 
        defined in subdivision 1, with intent to influence or otherwise 
        tamper with a juror or a judicial proceeding or with intent to 
        retaliate against a judicial officer, as defined in section 
        609.415, or a prosecutor, defense attorney, or officer of the 
        court, because of that person's performance of official duties 
        in connection with a judicial proceeding; or 
           (5) commits any offense described in subdivision 2 against 
        a victim under the age of 18, if the actor is more than 36 
        months older than the victim. 
           Sec. 16.  Minnesota Statutes 1998, section 609.749, 
        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 during the time period between a previous 
        conviction or adjudication of delinquency under this section; 
        sections 609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
        subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
        from another state and the end of the ten years following 
        discharge from sentence or disposition for that conviction or 
        adjudication. 
           Sec. 17.  Minnesota Statutes 1998, section 629.471, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
        518B.01, 609.224, and 609.2242, and 609.377, the maximum cash 
        bail that may be required for a person charged with a 
        misdemeanor or gross misdemeanor violation is six times the 
        highest cash fine that may be imposed for the offense. 
           Sec. 18.  Minnesota Statutes 1998, section 630.36, is 
        amended to read: 
           630.36 [ISSUES, HOW DISPOSED OF.] 
           Subdivision 1.  [ORDER.] The issues on the calendar shall 
        be disposed of in the following order, unless, upon the 
        application of either party, for good cause, the court directs 
        an indictment or complaint to be tried out of its order: 
           (1) indictments or complaints for felony, where the 
        defendant is in custody; 
           (2) indictments or complaints for misdemeanor, where the 
        defendant is in custody; 
           (3) indictments or complaints alleging child abuse, as 
        defined in subdivision 2, where the defendant is on bail; 
           (4) indictments or complaints alleging domestic assault 
        abuse, as defined in subdivision 3, where the defendant is on 
        bail; 
           (5) indictments or complaints for felony, where the 
        defendant is on bail; and 
           (6) indictments or complaints for misdemeanor, where the 
        defendant is on bail.  
           After a plea, the defendant shall be entitled to at least 
        four days to prepare for trial, if the defendant requires it.  
           Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
        "child abuse" means any an act which involves a minor victim and 
        which constitutes a violation of section 609.221, 609.222, 
        609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.324, 
        609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, 
        or 609.224 if the minor victim is a family or household member 
        of the defendant. 
           Subd. 3.  [DOMESTIC ASSAULT ABUSE DEFINED.] As used in 
        subdivision 1, "domestic assault abuse" means an assault 
        committed by the actor against a family or household member, as 
        defined has the meaning given in section 518B.01, subdivision 2. 
           Sec. 19.  Minnesota Statutes 1998, section 634.20, is 
        amended to read: 
           634.20 [EVIDENCE OF PRIOR CONDUCT.] 
           Evidence of similar prior conduct by the accused against 
        the victim of domestic abuse, as defined under section 518B.01, 
        subdivision 2, including evidence of a violation against a 
        family or household member of: 
           (1) an order for protection under section 518B.01; 
           (2) section 609.713, subdivision 1; 
           (3) a harassment restraining order under section 609.748; 
        or 
           (4) section 609.79, subdivision 1; 
        or against other family or household members, is admissible 
        unless the probative value is substantially outweighed by the 
        danger of unfair prejudice, confusion of the issue, or 
        misleading the jury, or by considerations of undue delay, waste 
        of time, or needless presentation of cumulative 
        evidence.  "Similar prior conduct" includes, but is not limited 
        to, evidence of domestic abuse, violation of an order for 
        protection under section 518B.01; violation of a harassment 
        restraining order under section 609.748; or violation of section 
        609.749 or 609.79, subdivision 1.  "Domestic abuse" and "family 
        or household members" have the meanings given under section 
        518B.01, subdivision 2. 
           Sec. 20.  [EFFECTIVE DATES.] 
           Section 1 is effective the day following final enactment.  
        Sections 2, 3, 18 and 19 are effective August 1, 2000.  Sections 
        4 to 16 and 17 are effective August 1, 2000, and apply to crimes 
        committed on or after that date. 
           Presented to the governor April 20, 2000 
           Signed by the governor April 24, 2000, 1:45 p.m.