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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 476-H.F.No. 2516 
                  An act relating to crime; amending the definition of 
                  harassment; modifying petition requirements; amending 
                  Minnesota Statutes 1998, section 609.748, subdivisions 
                  1, 3, and 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 609.748, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] For the purposes of this 
        section, the following terms have the meanings given them in 
        this subdivision. 
           (a) "Harassment" includes: 
           (1) a single incident of physical or sexual assault or 
        repeated, incidents of intrusive, or unwanted acts, words, or 
        gestures that have a substantial adverse effect or are intended 
        to adversely affect have a substantial adverse effect on the 
        safety, security, or privacy of another, regardless of the 
        relationship between the actor and the intended target; 
           (2) targeted residential picketing; and 
           (3) a pattern of attending public events after being 
        notified that the actor's presence at the event is harassing to 
        another. 
           (b) "Respondent" includes any adults or juveniles alleged 
        to have engaged in harassment or organizations alleged to have 
        sponsored or promoted harassment. 
           (c) "Targeted residential picketing" includes the following 
        acts when committed on more than one occasion: 
           (1) marching, standing, or patrolling by one or more 
        persons directed solely at a particular residential building in 
        a manner that adversely affects the safety, security, or privacy 
        of an occupant of the building; or 
           (2) marching, standing, or patrolling by one or more 
        persons which prevents an occupant of a residential building 
        from gaining access to or exiting from the property on which the 
        residential building is located. 
           Sec. 2.  Minnesota Statutes 1998, section 609.748, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) 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 and shall advise the petitioner of 
        the right to sue in forma pauperis under section 563.01.  Upon 
        receipt of the petition, the court shall order a hearing, which 
        must be held not later than 14 days from the date of the order.  
        Personal service must be made upon the respondent not less than 
        five days before the hearing.  If personal service cannot be 
        completed in time to give the respondent the minimum notice 
        required under this paragraph, the court may set a new hearing 
        date.  Nothing in this section shall be construed as requiring a 
        hearing on a matter that has no merit.  
           (b) Notwithstanding paragraph (a), the order for a hearing 
        and a temporary order issued under subdivision 4 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 petition and order for hearing and any 
        temporary restraining order has been mailed to the respondent at 
        the respondent's residence or place of business, if the 
        respondent is an organization, or the respondent's residence or 
        place of business is not known to the petitioner. 
           (c) Regardless of the method of service, if the respondent 
        is a juvenile, whenever possible, the court also shall have 
        notice of the pendency of the case and of the time and place of 
        the hearing served by mail at the last known address upon any 
        parent or guardian of the juvenile respondent who is not the 
        petitioner. 
           Sec. 3.  Minnesota Statutes 1998, section 609.748, 
        subdivision 4, is amended to read: 
           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.  When a petition alleges harassment as defined by 
        subdivision 1, paragraph (a), clause (1), the petition must 
        further allege an immediate and present danger of harassment 
        before the court may issue a temporary restraining order under 
        this section.  
           (b) Notice need not be given to the respondent before the 
        court issues a temporary restraining order under this 
        subdivision.  A copy of the restraining order must be served on 
        the respondent along with the order for hearing and petition, as 
        provided in subdivision 3.  If the respondent is a juvenile, 
        whenever possible, a copy of the restraining order, along with 
        notice of the pendency of the case and the time and place of the 
        hearing, shall also be served by mail at the last known address 
        upon any parent or guardian of the juvenile respondent who is 
        not the petitioner.  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 14 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 14-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 or if service is made by published notice under 
        subdivision 3 and the petitioner files the affidavit required 
        under that subdivision. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective July 1, 2000, and apply to 
        petitions filed on or after that date. 
           Presented to the governor May 11, 2000 
           Signed by the governor May 15, 2000, 10:42 a.m.