Minnesota Session Laws - 2000, Regular Session

                             CHAPTER 471-S.F.No. 11 
                  An act relating to domestic abuse; providing for a 
                  six-year statute of limitations for causes of action 
                  based on domestic abuse; authorizing a joint domestic 
                  abuse prosecution unit pilot project in Ramsey county; 
                  amending Minnesota Statutes 1998, section 541.05, 
                  subdivision 1; Minnesota Statutes 1999 Supplement, 
                  section 541.07. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 541.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except where the Uniform Commercial Code 
        otherwise prescribes, the following actions shall be commenced 
        within six years: 
           (1) Upon a contract or other obligation, express or 
        implied, as to which no other limitation is expressly 
        prescribed; 
           (2) Upon a liability created by statute, other than those 
        arising upon a penalty or forfeiture or where a shorter period 
        is provided by section 541.07; 
           (3) For a trespass upon real estate; 
           (4) For taking, detaining, or injuring personal property, 
        including actions for the specific recovery thereof; 
           (5) For criminal conversation, or for any other injury to 
        the person or rights of another, not arising on contract, and 
        not hereinafter enumerated; 
           (6) For relief on the ground of fraud, in which case the 
        cause of action shall not be deemed to have accrued until the 
        discovery by the aggrieved party of the facts constituting the 
        fraud; 
           (7) To enforce a trust or compel a trustee to account, 
        where the trustee has neglected to discharge the trust, or 
        claims to have fully performed it, or has repudiated the trust 
        relation; 
           (8) Against sureties upon the official bond of any public 
        officer, whether of the state or of any county, town, school 
        district, or a municipality therein; in which case the 
        limitation shall not begin to run until the term of such officer 
        for which the bond was given shall have expired; 
           (9) For damages caused by a dam, used for commercial 
        purposes; or 
           (10) For assault, battery, false imprisonment, or other 
        tort, resulting in personal injury, if the conduct that gives 
        rise to the cause of action also constitutes domestic abuse as 
        defined in section 518B.01. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        541.07, is amended to read: 
           541.07 [TWO- OR THREE-YEAR LIMITATIONS.] 
           Except where the Uniform Commercial Code, this section, 
        section 148A.06, 541.05, 541.073, or 541.076 otherwise 
        prescribes, the following actions shall be commenced within two 
        years: 
           (1) for libel, slander, assault, battery, false 
        imprisonment, or other tort, resulting in personal injury, and 
        all actions against veterinarians as defined in chapter 156, for 
        malpractice, error, mistake or failure to cure, whether based on 
        contract or tort; provided a counterclaim may be pleaded as a 
        defense to any action for services brought by a veterinarian 
        after the limitations period if it was the property of the party 
        pleading it at the time it became barred and was not barred at 
        the time the claim sued on originated, but no judgment thereof 
        except for costs can be rendered in favor of the party so 
        pleading it; 
           (2) upon a statute for a penalty or forfeiture, except as 
        provided in sections 541.074 and 541.075; 
           (3) for damages caused by a dam, other than a dam used for 
        commercial purposes; but as against one holding under the 
        preemption or homestead laws, the limitations shall not begin to 
        run until a patent has been issued for the land so damaged; 
           (4) against a master for breach of an indenture of 
        apprenticeship; the limitation runs from the expiration of the 
        term of service; 
           (5) for the recovery of wages or overtime or damages, fees 
        or penalties accruing under any federal or state law respecting 
        the payment of wages or overtime or damages, fees or penalties 
        except, that if the employer fails to submit payroll records by 
        a specified date upon request of the department of labor and 
        industry or if the nonpayment is willful and not the result of 
        mistake or inadvertence, the limitation is three years.  (The 
        term "wages" means all remuneration for services or employment, 
        including commissions and bonuses and the cash value of all 
        remuneration in any medium other than cash, where the 
        relationship of master and servant exists and the term "damages" 
        means single, double, or treble damages, accorded by any 
        statutory cause of action whatsoever and whether or not the 
        relationship of master and servant exists); 
           (6) for damages caused by the establishment of a street or 
        highway grade or a change in the originally established grade; 
           (7) against the person who applies the pesticide for injury 
        or damage to property resulting from the application, but not 
        the manufacture or sale, of a pesticide. 
           Sec. 3.  [JOINT DOMESTIC ABUSE PROSECUTION UNIT.] 
           Subdivision 1.  [ESTABLISHMENT.] A pilot project may be 
        established to develop a joint domestic abuse prosecution unit 
        administered by the Ramsey county attorney's office and the St. 
        Paul city attorney's office.  The unit would have authority to 
        prosecute misdemeanors, gross misdemeanors, and felonies.  The 
        unit would also coordinate efforts with child protection 
        attorneys.  The unit would include four cross-deputized 
        assistant city attorneys and assistant county attorneys.  A 
        victim/witness advocate, a law clerk, and a legal secretary 
        would provide support. 
           Subd. 2.  [GOALS.] The goals of this pilot project are to: 
           (1) recognize children as both victims and witnesses in 
        domestic abuse situations; 
           (2) recognize and respect the interests of children in the 
        prosecution of domestic abuse; and 
           (3) reduce the exposure to domestic violence for both adult 
        and child victims. 
           Subd. 3.  [REPORT.] If the project is established, the 
        Ramsey county attorney's office and the St. Paul city attorney's 
        office must report to the legislature on the pilot project.  The 
        report may include the number and types of cases referred, the 
        number of cases charged, the outcome of cases, and other 
        relevant outcome measures.  A progress report is due January 15, 
        2001, and a final report is due January 15, 2002. 
           Subd. 4.  [SHARING OF PILOT PROJECT RESULTS.] If the 
        project is established, the Ramsey county attorney's office and 
        the St. Paul city attorney's office must share the results of 
        the pilot project with the state and other counties and cities. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective August 1, 2000, and apply to 
        causes of action arising on or after that date. 
           Presented to the governor May 11, 2000 
           Signed by the governor May 15, 2000, 10:43 a.m.