Office of the Revisor of Statutes
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.
Official Publication of the State of Minnesota
Revisor of Statutes