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

CHAPTER 299--S.F.No. 2437
An act
relating to public safety; recodifying and clarifying the domestic abuse
no contact order law; expanding the tampering with a witness crime; increasing
the maximum bail for nonfelony domestic assault and domestic abuse order for
protection violations; clarifying the requirement that the data communications
network include orders for protection and no contact orders; exempting certain
domestic abuse or sexual attack programs from data practices requirements;
extending area for protection to a reasonable area around residence or dwelling
in ex parte orders for protection; modifying crime of stalking; authorizing a
pilot project to allow judges to order electronic monitoring for domestic abuse
offenders on pretrial release; imposing criminal penalties;amending Minnesota
Statutes 2008, sections 13.871, by adding a subdivision; 299C.46, subdivision
6; 518B.01, subdivisions 6, 7; 609.498, subdivision 3, by adding a subdivision;
609.749; 629.471, subdivision 3, by adding a subdivision; 629.72, subdivisions
1, 2a; proposing coding for new law in Minnesota Statutes, chapters 13; 629;
repealing Minnesota Statutes 2008, section 518B.01, subdivision 22.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. [13.823] DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
    Subdivision 1. Definitions. For purposes of this section:
(1) "domestic abuse" has the meaning given in section 518B.01, subdivision 2; and
(2) "sexual attack" has the meaning given in section 611A.21, subdivision 2.
    Subd. 2. Provisions not applicable. Except as otherwise provided in this
subdivision, a program that provides shelter or support services to victims of domestic
abuse or a sexual attack and whose employees or volunteers are not under the direct
supervision of a government entity is not subject to this chapter, except that the program
shall comply with sections 13.822, 611A.32, subdivision 5, 611A.371, subdivision 3,
and 611A.46.

    Sec. 2. Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision
to read:
    Subd. 13. Orders for protection and no contact orders. Data contained in orders
for protection and no contact orders are classified in section 299C.46, subdivision 6.

    Sec. 3. Minnesota Statutes 2008, section 299C.46, subdivision 6, is amended to read:
    Subd. 6. Orders for protection and no contact orders. (a) As used in this
subdivision, "no contact orders" include orders issued as pretrial orders under section
629.72, subdivision 2, orders under section 629.75, and orders issued as probationary or
sentencing orders at the time of disposition in a criminal domestic abuse case.
(b) The data communications network must include orders for protection issued
under section 518B.01 and no contact orders issued under section 629.715, subdivision 4
against adults and juveniles. A no contact order must be accompanied by a photograph
of the offender for the purpose of enforcement of the order, if a photograph is available
and verified by the court to be an image of the defendant.
(c) Data from orders for protection or no contact orders and data entered by law
enforcement to assist in the enforcement of those orders are classified as private data on
individuals as defined in section 13.02, subdivision 12. Data about the offender can be
shared with the victim for purposes of enforcement of the order.

    Sec. 4. Minnesota Statutes 2008, section 518B.01, subdivision 6, is amended to read:
    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide
relief as follows:
    (1) restrain the abusing party from committing acts of domestic abuse;
    (2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;
    (3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;
    (4) award temporary custody or establish temporary parenting time with regard to
minor children of the parties on a basis which gives primary consideration to the safety of
the victim and the children. In addition to the primary safety considerations, the court
may consider particular best interest factors that are found to be relevant to the temporary
custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
are not required with respect to the particular best interest factors not considered by the
court. If the court finds that the safety of the victim or the children will be jeopardized by
unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
to guard the safety of the victim and the children. The court's decision on custody and
parenting time shall in no way delay the issuance of an order for protection granting other
relief provided for in this section. The court must not enter a parenting plan under section
518.1705 as part of an action for an order for protection;
    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary
support for minor children or a spouse, and order the withholding of support from the
income of the person obligated to pay the support according to chapter 518A;
    (6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;
    (7) order the abusing party to participate in treatment or counseling services,
including requiring the abusing party to successfully complete a domestic abuse
counseling program or educational program under section 518B.02;
    (8) award temporary use and possession of property and restrain one or both parties
from transferring, encumbering, concealing, or disposing of property except in the usual
course of business or for the necessities of life, and to account to the court for all such
transfers, encumbrances, dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;
    (9) exclude the abusing party from the place of employment of the petitioner, or
otherwise limit access to the petitioner by the abusing party at the petitioner's place of
employment;
    (10) order the abusing party to have no contact with the petitioner whether in
person, by telephone, mail, or electronic mail or messaging, through a third party, or
by any other means;
    (11) order the abusing party to pay restitution to the petitioner;
    (12) order the continuance of all currently available insurance coverage without
change in coverage or beneficiary designation; and
    (13) order, in its discretion, other relief as it deems necessary for the protection of
a family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section.;
(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and
(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or
held by either party or a minor child residing in the residence or household of either party
as an indirect means of intentionally threatening the safety of such person.
    (b) Any relief granted by the order for protection shall be for a period not to exceed
two years, except when the court determines a longer period is appropriate. When a
referee presides at the hearing on the petition, the order granting relief becomes effective
upon the referee's signature.
    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be
vacated or modified in a proceeding for dissolution of marriage or legal separation, except
that the court may hear a motion for modification of an order for protection concurrently
with a proceeding for dissolution of marriage upon notice of motion and motion. The
notice required by court rule shall not be waived. If the proceedings are consolidated
and the motion to modify is granted, a separate order for modification of an order for
protection shall be issued.
    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.
    (e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.
    (f) An order for restitution issued under this subdivision is enforceable as civil
judgment.

    Sec. 5. Minnesota Statutes 2008, section 518B.01, subdivision 7, is amended to read:
    Subd. 7. Ex parte order. (a) Where an application under this section alleges an
immediate and present danger of domestic abuse, the court may grant an ex parte order for
protection and granting relief as the court deems proper, including an order:
    (1) restraining the abusing party from committing acts of domestic abuse;
    (2) excluding any party from the dwelling they share or from the residence of the
other, including a reasonable area surrounding the dwelling or residence, which area shall
be described specifically in the order, except by further order of the court;
    (3) excluding the abusing party from the place of employment of the petitioner or
otherwise limiting access to the petitioner by the abusing party at the petitioner's place of
employment;
    (4) ordering the abusing party to have no contact with the petitioner whether in
person, by telephone, mail, e-mail, through electronic devices, or through a third party; and
    (5) continuing all currently available insurance coverage without change in coverage
or beneficiary designation;
(6) directing the care, possession, or control of a pet or companion animal owned,
possessed, or kept by a party or a child of a party; and
(7) directing the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or
held by either party or a minor child residing in the residence or household of either party
as an indirect means of intentionally threatening the safety of such person.
    (b) A finding by the court that there is a basis for issuing an ex parte order for
protection constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
    (c) Subject to paragraph (d), an ex parte order for protection shall be effective for
a fixed period set by the court, as provided in subdivision 6, paragraph (b), or until
modified or vacated by the court pursuant to a hearing. When signed by a referee, the ex
parte order becomes effective upon the referee's signature. Upon request, a hearing, as
provided by this section, shall be set. Except as provided in paragraph (d), the respondent
shall be personally served forthwith a copy of the ex parte order along with a copy of
the petition and, if requested by the petitioner, notice of the date set for the hearing. If
the petitioner does not request a hearing, an order served on a respondent under this
subdivision must include a notice advising the respondent of the right to request a hearing,
must be accompanied by a form that can be used by the respondent to request a hearing
and must include a conspicuous notice that a hearing will not be held unless requested
by the respondent within five days of service of the order.
    (d) Service of the ex parte order may be made by published notice, as provided
under subdivision 5, provided that the petitioner files the affidavit required under that
subdivision. If personal service is not made or the affidavit is not filed within 14 days
of issuance of the ex parte order, the order expires. If the petitioner does not request a
hearing, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing and notice described in paragraph (c). Unless
personal service is completed, if service by published notice is not completed within 28
days of issuance of the ex parte order, the order expires.
    (e) If the petitioner seeks relief under subdivision 6 other than the relief described in
paragraph (a), the petitioner must request a hearing to obtain the additional relief.
    (f) Nothing in this subdivision affects the right of a party to seek modification of an
order under subdivision 11.

    Sec. 6. Minnesota Statutes 2008, section 609.498, is amended by adding a subdivision
to read:
    Subd. 2a. Tampering with a witness in the third degree. (a) Unless a greater
penalty is applicable under subdivision 1, 1b, or 2, whoever does any of the following is
guilty of tampering with a witness in the third degree and may be sentenced as provided in
subdivision 3:
(1) intentionally prevents or dissuades or intentionally attempts to prevent or
dissuade by means of intimidation, a person who is or may become a witness from
attending or testifying at any trial, proceeding, or inquiry authorized by law;
(2) by means of intimidation, intentionally influences or attempts to influence a
person who is or may become a witness to testify falsely at any trial, proceeding, or
inquiry authorized by law;
(3) intentionally prevents or dissuades or attempts to prevent or dissuade by means
of intimidation, a person from providing information to law enforcement authorities
concerning a crime; or
(4) by means of intimidation, intentionally influences or attempts to influence a
person to provide false information concerning a crime to law enforcement authorities.
(b) In a prosecution under this subdivision, proof of intimidation may be based on a
specific act or on the totality of the circumstances.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 7. Minnesota Statutes 2008, section 609.498, subdivision 3, is amended to read:
    Subd. 3. Sentence. (a) Whoever violates subdivision 2 may be sentenced to
imprisonment for not more than one year or to payment of a fine not to exceed $3,000 is
guilty of a gross misdemeanor.
(b) Whoever violates subdivision 2a is guilty of a misdemeanor.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 8. Minnesota Statutes 2008, section 609.749, is amended to read:
609.749 HARASSMENT; STALKING; PENALTIES.
    Subdivision 1. Definition. As used in this section, "harass" "stalking" means
to engage in intentional conduct which: (1) the actor knows or has reason to know
would cause the victim under the circumstances to feel frightened, threatened, oppressed,
persecuted, or intimidated;, and (2) causes this reaction on the part of the victim regardless
of the relationship between the actor and victim.
    Subd. 1a. No proof of specific intent required. In a prosecution under this section,
the state is not required to prove that the actor intended to cause the victim to feel
frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise
provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor
intended to cause any other result.
    Subd. 1b. Venue. (a) When acts constituting a violation of this section are
committed in two or more counties, the accused may be prosecuted in any county in which
one of the acts was committed for all acts in violation of this section.
(b) The conduct described in subdivision 2, clauses (4) and (5) may be prosecuted
at the place where any call is made or received or, in the case of wireless or electronic
communication or any communication made through any available technologies, where the
actor or victim resides or in the jurisdiction of the victim's designated address if the victim
participates in the address confidentiality program established by chapter 5B. The conduct
described in subdivision 2, clause (2), may be prosecuted where the actor or victim resides.
The conduct described in subdivision 2, clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is sent or received or, in the case of wireless or
electronic communication or communication made through other available technologies,
where the actor or victim resides or in the jurisdiction of the victim's designated address if
the victim participates in the address confidentiality program established by chapter 5B.
    Subd. 1c. Arrest. For all violations under this section, except a violation of
subdivision 2, clause (7), a peace officer may make an arrest under the provisions of
section 629.34. A peace officer may not make a warrantless, custodial arrest of any person
for a violation of subdivision 2, clause (7).
    Subd. 2. Harassment and Stalking crimes. (a) A person who harasses stalks
another by committing any of the following acts is guilty of a gross misdemeanor:
(1) directly or indirectly, or through third parties, manifests a purpose or intent to
injure the person, property, or rights of another by the commission of an unlawful act;
(2) stalks, follows, monitors, or pursues another, whether in person or through
any available technological or other means;
(3) returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;
(4) repeatedly makes telephone calls, sends text messages, or induces a victim to
make telephone calls to the actor, whether or not conversation ensues;
(5) makes or causes the telephone of another repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through assistive devices for
the visually or hearing impaired, or any communication made through any available
technologies or other objects; or
(7) knowingly makes false allegations against a peace officer concerning the
officer's performance of official duties with intent to influence or tamper with the officer's
performance of official duties.
(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at
the place where any call is either made or received or, additionally in the case of wireless
or electronic communication, where the actor or victim resides. The conduct described
in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The
conduct described in paragraph (a), clause (6), may be prosecuted where any letter,
telegram, message, package, or other object is either sent or received or, additionally in
the case of wireless or electronic communication, where the actor or victim resides.
(c) A peace officer may not make a warrantless, custodial arrest of any person for a
violation of paragraph (a), clause (7).
    Subd. 3. Aggravated violations. (a) A person who commits any of the following
acts 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:
(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 363A.03, 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) harasses stalks 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.
(b) A person who 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, and the act
is committed with sexual or aggressive intent, is guilty of a felony and 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.
    Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a
felony who violates any provision of subdivision 2 within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency, 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.
(b) A person is guilty of a felony who violates any provision of subdivision 2 within
ten years of the first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency, and 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.
    Subd. 5. Pattern of harassing stalking conduct. (a) A person who engages in
a pattern of harassing stalking conduct with respect to a single victim or one or more
members of a single household which the actor knows or has reason to know would
cause the victim under the circumstances to feel terrorized or to fear bodily harm and
which does cause this reaction on the part of the victim, is guilty of a felony and 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.
(b) For purposes of this subdivision, a "pattern of harassing stalking conduct" means
two or more acts within a five-year period that violate or attempt to violate the provisions
of any of the following or a similar law of another state, the United States, the District of
Columbia, tribal lands tribe, or United States territories:
(1) this section;
(2) sections 609.185 to 609.205 (first- to third-degree murder and first- and
second-degree manslaughter);
(2) (3) section 609.713 (terroristic threats);
(3) (4) section 609.224 (fifth-degree assault);
(4) (5) section 609.2242 (domestic assault);
(5) (6) section 518B.01, subdivision 14 (violations of domestic abuse orders for
protection);
(6) (7) section 609.748, subdivision 6 (violations of harassment restraining orders);
(7) (8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7)
(certain trespass offenses);
(9) section 609.78, subdivision 2 (interference with an emergency call);
(8) (10) section 609.79 (obscene or harassing telephone calls);
(9) (11) section 609.795 (letter, telegram, or package; opening; harassment);
(10) (12) section 609.582 (burglary);
(11) (13) section 609.595 (damage to property);
(12) (14) section 609.765 (criminal defamation); or
(13) (15) sections 609.342 to 609.3451 (first- to fifth-degree criminal sexual
conduct); or
(16) section 629.75, subdivision 2 (violations of domestic abuse no contact orders).
(c) When acts constituting a violation of this subdivision are committed in two or
more counties, the accused may be prosecuted in any county in which one of the acts
was committed for all acts constituting the pattern Words set forth in parentheses after
references to statutory sections in paragraph (b) are mere catchwords included solely for
convenience in reference. They are not substantive and may not be used to construe or
limit the meaning of the cited statutory provision.
    Subd. 6. Mental health assessment and treatment. (a) When a person is convicted
of a felony offense under this section, or another felony offense arising out of a charge
based on this section, the court shall order an independent professional mental health
assessment of the offender's need for mental health treatment. The court may waive the
assessment if an adequate assessment was conducted prior to the conviction.
(b) Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or
260C.171, the assessor has access to the following private or confidential data on the
person if access is relevant and necessary for the assessment:
(1) medical data under section 13.384;
(2) welfare data under section 13.46;
(3) corrections and detention data under section 13.85;
(4) health records under sections 144.291 to 144.298; and
(5) juvenile court records under sections 260B.171 and 260C.171.
Data disclosed under this section may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law.
(c) If the assessment indicates that the offender is in need of and amenable to mental
health treatment, the court shall include in the sentence a requirement that the offender
undergo treatment.
(d) The court shall order the offender to pay the costs of assessment under this
subdivision unless the offender is indigent under section 563.01.
    Subd. 7. Exception. Conduct is not a crime under this section if it is performed
under terms of a valid license, to ensure compliance with a court order, or to carry out
a specific lawful commercial purpose or employment duty, is authorized or required
by a valid contract, or is authorized, required, or protected by state or, federal, or tribal
law or the state or, federal, or tribal constitutions. Subdivision 2, clause (2), does not
impair the right of any individual or group to engage in speech protected by the federal
Constitution, state, or tribal constitutions, the state Constitution, or federal or, state, or
tribal law, including peaceful and lawful handbilling and picketing.
    Subd. 8. Stalking; firearms. (a) When a person is convicted of a harassment or
stalking crime under this section and the court determines that the person used a firearm in
any way during commission of the crime, 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.
(b) Except as otherwise provided in paragraph (a), when a person is convicted of
a stalking or harassment crime under this section, 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.
(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
a pistol if the person has been convicted after August 1, 1996, of a stalking or harassment
crime under this section, 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.
(d) If the court determines that a person convicted of a stalking or harassment
crime under this section owns or possesses a firearm and used it in any way during the
commission of the crime, it shall order that the firearm be summarily forfeited under
section 609.5316, subdivision 3.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 9. Minnesota Statutes 2008, section 629.471, subdivision 3, is amended to read:
    Subd. 3. Six times fine. For offenses under sections 518B.01, 609.224, 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.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 10. Minnesota Statutes 2008, section 629.471, is amended by adding a subdivision
to read:
    Subd. 3a. Ten times fine. For offenses under sections 518B.01, 609.2242, and
629.75, the maximum cash bail that may be required for a person charged with a
misdemeanor or gross misdemeanor violation is ten times the highest cash fine that may
be imposed for the offense.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 11. Minnesota Statutes 2008, section 629.72, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given them.
(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(c) "Harassment" has the meaning given in section 609.749.
(d) "Violation of a domestic abuse no contact order" has the meaning given in
section 518B.01, subdivision 22 629.75.
(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14
.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 12. Minnesota Statutes 2008, section 629.72, subdivision 2a, is amended to read:
    Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the
commissioner of corrections has adopted standards governing electronic monitoring
devices used to protect victims of domestic abuse, the court, as a condition of release, may
not order a person arrested for a crime described in section 609.135, subdivision 5a,
paragraph (b), to use an electronic monitoring device to protect a victim's safety.
(b) Notwithstanding paragraph (a), district courts in the Tenth the chief judge of a
judicial district may order, as a condition of a release, a person arrested on a charge of a
crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The courts shall make data on the use
of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District
available to the commissioner of corrections to evaluate and to aid in development of
standards for the use of devices to protect victims of domestic abuse appoint and convene
an advisory group comprised of representatives from law enforcement, prosecutors,
defense attorneys, corrections, court administrators, judges, and battered women's
organizations to develop standards for the use of electronic monitoring and global
positioning system devices to protect victims of domestic abuse and for evaluating the
effectiveness of electronic monitoring. After the advisory group does this, the chief judge,
in consultation with the advisory group, may conduct a pilot project for implementation of
the electronic monitoring standards. A judicial district that conducts a pilot project shall
report on the standards and the pilot project to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over criminal
justice policy and the state court administrator's office.
SUNSET.The amendments to this section expire on January 15, 2014.

    Sec. 13. [629.75] DOMESTIC ABUSE NO CONTACT ORDER.
    Subdivision 1. Establishment; description. (a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding or a juvenile
offender in a delinquency proceeding for:
    (1) domestic abuse as defined in section 518B.01, subdivision 2;
    (2) harassment or stalking under section 609.749 when committed against a family
or household member as defined in section 518B.01, subdivision 2;
    (3) violation of an order for protection under section 518B.01, subdivision 14; or
    (4) violation of a prior domestic abuse no contact order under this subdivision or
section 518B.01, subdivision 22.
    (b) A domestic abuse no contact order may be issued as a pretrial order before final
disposition of the underlying criminal case or as a postconviction probationary order. A
domestic abuse no contact order is independent of any condition of pretrial release or
probation imposed on the defendant. A domestic abuse no contact order may be issued in
addition to a similar restriction imposed as a condition of pretrial release or probation. In
the context of a postconviction probationary order, a domestic abuse no contact order may
be issued for an offense listed in paragraph (a) or for a conviction for any offense arising
out of the same set of circumstances as an offense listed in paragraph (a).
(c) A no contact order under this section shall be issued in a proceeding that is
separate from but held immediately following a proceeding in which any pretrial release
or sentencing issues are decided.
    Subd. 2. Criminal penalties. (a) As used in this subdivision "qualified domestic
violence-related offense" has the meaning given in section 609.02, subdivision 16.
(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 person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. 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 as provided in section 518B.02. 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) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency; 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.
    Subd. 3. Warrantless custodial arrest. 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 subdivision is immune from civil liability that might
result from the officer's actions.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

    Sec. 14. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall make any cross-reference changes, language
changes, or both, to Minnesota Statutes made necessary by section 8.
(b) The revisor of statutes shall replace references to Minnesota Statutes, section
518B.01, subdivision 22, in statutes and rules with a reference to Minnesota Statutes,
section 629.75.

    Sec. 15. REPEALER.
Minnesota Statutes 2008, section 518B.01, subdivision 22, is repealed.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
Presented to the governor May 6, 2010
Signed by the governor May 10, 2010, 2:13 p.m.

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