MN Legislature

Menu

Revisor of Statutes Menu

Authenticate

Pdf

Minnesota Session Laws - 2002, Regular Session

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

                            CHAPTER 282-S.F.No. 3073 
                  An act relating to domestic abuse; clarifying the 
                  standard for a misdemeanor violation of an order for 
                  protection or no contact order; amending Minnesota 
                  Statutes 2000, section 518B.01, subdivision 22; 
                  Minnesota Statutes 2001 Supplement, section 518B.01, 
                  subdivision 14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2001 Supplement, section 
        518B.01, subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
        person who violates an order for protection issued by a judge or 
        referee is subject to the penalties provided in paragraphs (b) 
        to (d).  
           (b) Except as otherwise provided in paragraphs (c) and (d), 
        whenever an order for protection is granted by a judge or 
        referee or pursuant to a similar law of another state, the 
        United States, the District of Columbia, tribal lands, or United 
        States territories, and the respondent or person to be 
        restrained knows of the existence of the order, violation of the 
        order for protection is a misdemeanor.  Upon a misdemeanor 
        conviction under this paragraph, 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 violation of an order for 
        protection shall also constitute contempt of court and be 
        subject to the penalties provided in chapter 588. 
           (c) A person is guilty of a gross misdemeanor who knowingly 
        violates this subdivision during the time period between a 
        previous qualified domestic violence-related offense conviction 
        and the end of the five years following discharge from sentence 
        for that offense.  Upon a gross misdemeanor conviction under 
        this paragraph, 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. 
           (d) A person 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, if the person knowingly 
        violates this subdivision: 
           (1) during the time period between the first of two or more 
        previous qualified domestic violence-related offense convictions 
        and the end of the five years following discharge from sentence 
        for that offense; or 
           (2) while possessing a dangerous weapon, as defined in 
        section 609.02, subdivision 6. 
        Upon a felony conviction under this paragraph in which the court 
        stays imposition or execution of sentence, the court shall 
        impose at least a 30-day period of incarceration as a condition 
        of probation.  The court also shall order that the defendant 
        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 felony convictions. 
           (e) 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 or a similar law of another state, the United States, 
        the District of Columbia, tribal lands, or United States 
        territories 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 probable cause required under this 
        paragraph includes probable cause that the person knowingly 
        violated the order knows of the existence of the order.  If the 
        order has not been served, the officer shall immediately serve 
        the order whenever reasonably safe and possible to do so.  An 
        order for purposes of this subdivision, includes the short form 
        order described in subdivision 8a.  When the order is first 
        served upon the person at a location at which, under the terms 
        of the order, the person's presence constitutes a violation, the 
        person shall not be arrested for violation of the order but 
        shall be without first being given a reasonable opportunity to 
        leave the location in the presence of the peace officer.  A 
        person arrested under this paragraph 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. 
           (f) 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.  
           (g) 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 or a similar law of 
        another state, the United States, the District of Columbia, 
        tribal lands, or United States territories, 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, or in the county in which the alleged 
        violation occurred, if the petitioner and respondent do not 
        reside in this state.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (b), (c), or 
        (d). 
           (h) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 or a similar law 
        of another state, the United States, the District of Columbia, 
        tribal lands, or United States territories, 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, except when the court determines a longer fixed 
        period is appropriate. 
           (i) 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 (e). 
           (j) When a person is convicted under paragraph (b) or (c) 
        of violating an order for protection and the court determines 
        that the person used a firearm in any way during commission of 
        the violation, the court may order that the person is prohibited 
        from possessing any type of firearm for any period longer than 
        three years or for the remainder of the person's life.  A person 
        who violates this paragraph is guilty of a gross misdemeanor.  
        At the time of the conviction, the court shall inform the 
        defendant whether and for how long the defendant is prohibited 
        from possessing a firearm and that it is a gross misdemeanor to 
        violate this paragraph.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the firearm possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (k) Except as otherwise provided in paragraph (j), when a 
        person is convicted under paragraph (b) or (c) of violating an 
        order for protection, the court shall inform the defendant that 
        the defendant is prohibited from possessing a pistol for three 
        years from the date of conviction and that it is a gross 
        misdemeanor offense to violate this prohibition.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the pistol possession prohibition or 
        the gross misdemeanor penalty to that defendant. 
           (l) Except as otherwise provided in paragraph (j), a person 
        is not entitled to possess a pistol if the person has been 
        convicted under paragraph (b) or (c) after August 1, 1996, of 
        violating an order for protection, unless three years have 
        elapsed from the date of conviction and, during that time, the 
        person has not been convicted of any other violation of this 
        section.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this paragraph is guilty of a gross misdemeanor. 
           (m) If the court determines that a person convicted under 
        paragraph (b) or (c) of violating an order for protection owns 
        or possesses a firearm and used it in any way during the 
        commission of the violation, it shall order that the firearm be 
        summarily forfeited under section 609.5316, subdivision 3. 
           Sec. 2.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 22, is amended 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 the existence 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. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective August 1, 2002, and apply to 
        crimes committed on or after that date. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:31 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569