1.1                          A bill for an act 
  1.2             relating to domestic violence; expanding the 
  1.3             definition of domestic abuse; requiring additional 
  1.4             findings before pretrial release of a defendant 
  1.5             accused of domestic abuse, harassment, or violation of 
  1.6             an order for protection or a no contact order; 
  1.7             providing that additional crimes and crimes from other 
  1.8             jurisdictions may be used to enhance certain criminal 
  1.9             penalties; increasing criminal penalties; specifying 
  1.10            standards for domestic abuse offender programs and 
  1.11            directing that certain persons be ordered into these 
  1.12            programs; requiring data collection on disorderly 
  1.13            conduct convictions; providing that there is no 
  1.14            residency requirement for order for protection 
  1.15            petitions; prioritizing the payment of restitution and 
  1.16            fines over domestic abuse investigation fees; 
  1.17            clarifying the scope of the mandatory arrest provision 
  1.18            of the domestic abuse order for protection law 
  1.19            consistent with the original legislative intent; 
  1.20            amending Minnesota Statutes 2000, sections 299C.10, 
  1.21            subdivision 1; 518B.01, subdivisions 2, 3, 6, 14; 
  1.22            609.02, by adding a subdivision; 609.224, subdivisions 
  1.23            2, 4; 609.2242, subdivisions 2, 4; 609.2244, 
  1.24            subdivisions 2, 4; 609.748, subdivision 6; 609.749, 
  1.25            subdivisions 4, 5; 629.72; proposing coding for new 
  1.26            law in Minnesota Statutes, chapter 518B. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 2000, section 299C.10, 
  1.29  subdivision 1, is amended to read: 
  1.30     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
  1.31  made the duty of the sheriffs of the respective counties, of the 
  1.32  police officers in cities of the first, second, and third 
  1.33  classes, under the direction of the chiefs of police in such 
  1.34  cities, and of community corrections agencies operating secure 
  1.35  juvenile detention facilities to take or cause to be taken 
  1.36  immediately finger and thumb prints, photographs, distinctive 
  2.1   physical mark identification data, and other identification data 
  2.2   requested or required by the superintendent of the bureau, of 
  2.3   the following: 
  2.4      (1) persons arrested for a felony or gross misdemeanor; 
  2.5      (2) juveniles arrested for or alleged to have committed 
  2.6   felonies as distinguished from those committed by adult 
  2.7   offenders; 
  2.8      (3) persons reasonably believed by the arresting officer to 
  2.9   be fugitives from justice; 
  2.10     (4) persons in whose possession, when arrested, are found 
  2.11  concealed firearms or other dangerous weapons, burglar tools or 
  2.12  outfits, high-power explosives, or articles, machines, or 
  2.13  appliances usable for an unlawful purpose and reasonably 
  2.14  believed by the arresting officer to be intended for such 
  2.15  purposes; and 
  2.16     (5) juveniles referred by a law enforcement agency to a 
  2.17  diversion program for a felony or gross misdemeanor offense. 
  2.18  Within 24 hours the fingerprint records and other identification 
  2.19  data specified under this paragraph must be forwarded to the 
  2.20  bureau of criminal apprehension on such forms and in such manner 
  2.21  as may be prescribed by the superintendent of the bureau of 
  2.22  criminal apprehension. 
  2.23     (b) Effective August 1, 1997, the identification reporting 
  2.24  requirements shall also apply to persons arrested for or alleged 
  2.25  to have committed targeted misdemeanor offenses and juveniles 
  2.26  arrested for or alleged to have committed gross misdemeanors.  
  2.27  In addition, the reporting requirements shall include any known 
  2.28  aliases or street names of the offenders. 
  2.29     (c) For purposes of this section, a targeted misdemeanor is 
  2.30  a misdemeanor violation of section 169A.20 (driving while 
  2.31  impaired), 518B.01 (order for protection violation), 609.224 
  2.32  (fifth degree assault), 609.2242 (domestic assault), 609.72 
  2.33  (disorderly conduct), 609.746 (interference with privacy), 
  2.34  609.748 (harassment or restraining order violation), or 617.23 
  2.35  (indecent exposure). 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 518B.01, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [DEFINITIONS.] As used in this section, the 
  3.3   following terms shall have the meanings given them:  
  3.4      (a) "Domestic abuse" means the following, if committed 
  3.5   against a family or household member by a family or household 
  3.6   member: 
  3.7      (1) physical harm, bodily injury, or assault; 
  3.8      (2) the infliction of fear of imminent physical harm, 
  3.9   bodily injury, or assault; or 
  3.10     (3) terroristic threats, within the meaning of section 
  3.11  609.713, subdivision 1~~, or~~; criminal sexual conduct, within the 
  3.12  meaning of section 609.342, 609.343, 609.344, ~~or~~ 609.345, or 
  3.13  609.3451; interference with an emergency call within the meaning 
  3.14  of section 609.78, subdivision 2; or harassment within the 
  3.15  meaning of section 609.749.  
  3.16     (b) "Family or household members" means: 
  3.17     (1) spouses and former spouses; 
  3.18     (2) parents and children; 
  3.19     (3) persons related by blood; 
  3.20     (4) persons who are presently residing together or who have 
  3.21  resided together in the past; 
  3.22     (5) persons who have a child in common regardless of 
  3.23  whether they have been married or have lived together at any 
  3.24  time; 
  3.25     (6) a man and woman if the woman is pregnant and the man is 
  3.26  alleged to be the father, regardless of whether they have been 
  3.27  married or have lived together at any time; and 
  3.28     (7) persons involved in a significant romantic or sexual 
  3.29  relationship. 
  3.30     Issuance of an order for protection on the ground in clause 
  3.31  (6) does not affect a determination of paternity under sections 
  3.32  257.51 to 257.74.  In determining whether persons are or have 
  3.33  been involved in a significant romantic or sexual relationship 
  3.34  under clause (7), the court shall consider the length of time of 
  3.35  the relationship; type of relationship; frequency of interaction 
  3.36  between the parties; and, if the relationship has terminated, 
  4.1   length of time since the termination. 
  4.2      (c) "Qualified domestic violence-related offense" has the 
  4.3   meaning given in section 609.02, subdivision 16. 
  4.4      Sec. 3.  Minnesota Statutes 2000, section 518B.01, 
  4.5   subdivision 3, is amended to read: 
  4.6      Subd. 3.  [COURT JURISDICTION.] An application for relief 
  4.7   under this section may be filed in the court having jurisdiction 
  4.8   over dissolution actions, in the county of residence of either 
  4.9   party, in the county in which a pending or completed family 
  4.10  court proceeding involving the parties or their minor children 
  4.11  was brought, or in the county in which the alleged domestic 
  4.12  abuse occurred.  There are no residency requirements that apply 
  4.13  to a petition for an order for protection.  In a jurisdiction 
  4.14  which utilizes referees in dissolution actions, the court or 
  4.15  judge may refer actions under this section to a referee to take 
  4.16  and report the evidence in the action in the same manner and 
  4.17  subject to the same limitations provided in section 518.13.  
  4.18  Actions under this section shall be given docket priorities by 
  4.19  the court. 
  4.20     Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
  4.21  subdivision 6, is amended to read: 
  4.22     Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  4.23  hearing, the court may provide relief as follows: 
  4.24     (1) restrain the abusing party from committing acts of 
  4.25  domestic abuse; 
  4.26     (2) exclude the abusing party from the dwelling which the 
  4.27  parties share or from the residence of the petitioner; 
  4.28     (3) exclude the abusing party from a reasonable area 
  4.29  surrounding the dwelling or residence, which area shall be 
  4.30  described specifically in the order; 
  4.31     (4) award temporary custody or establish temporary 
  4.32  parenting time with regard to minor children of the parties on a 
  4.33  basis which gives primary consideration to the safety of the 
  4.34  victim and the children.  Except for cases in which custody is 
  4.35  contested, findings under section 257.025, 518.17, or 518.175 
  4.36  are not required.  If the court finds that the safety of the 
  5.1   victim or the children will be jeopardized by unsupervised or 
  5.2   unrestricted parenting time, the court shall condition or 
  5.3   restrict parenting time as to time, place, duration, or 
  5.4   supervision, or deny parenting time entirely, as needed to guard 
  5.5   the safety of the victim and the children.  The court's decision 
  5.6   on custody and parenting time shall in no way delay the issuance 
  5.7   of an order for protection granting other relief provided for in 
  5.8   this section.  The court must not enter a parenting plan under 
  5.9   section 518.1705 as part of an action for an order for 
  5.10  protection; 
  5.11     (5) on the same basis as is provided in chapter 518, 
  5.12  establish temporary support for minor children or a spouse, and 
  5.13  order the withholding of support from the income of the person 
  5.14  obligated to pay the support according to chapter 518; 
  5.15     (6) provide upon request of the petitioner counseling or 
  5.16  other social services for the parties, if married, or if there 
  5.17  are minor children; 
  5.18     (7) order the abusing party to participate in treatment or 
  5.19  counseling services, including requiring the abusing party to 
  5.20  successfully complete a domestic abuse counseling program or 
  5.21  educational program under sections 518B.10 to 518B.13; 
  5.22     (8) award temporary use and possession of property and 
  5.23  restrain one or both parties from transferring, encumbering, 
  5.24  concealing, or disposing of property except in the usual course 
  5.25  of business or for the necessities of life, and to account to 
  5.26  the court for all such transfers, encumbrances, dispositions, 
  5.27  and expenditures made after the order is served or communicated 
  5.28  to the party restrained in open court; 
  5.29     (9) exclude the abusing party from the place of employment 
  5.30  of the petitioner, or otherwise limit access to the petitioner 
  5.31  by the abusing party at the petitioner's place of employment; 
  5.32     (10) order the abusing party to pay restitution to the 
  5.33  petitioner; 
  5.34     (11) order the continuance of all currently available 
  5.35  insurance coverage without change in coverage or beneficiary 
  5.36  designation; and 
  6.1      (12) order, in its discretion, other relief as it deems 
  6.2   necessary for the protection of a family or household member, 
  6.3   including orders or directives to the sheriff, constable, or 
  6.4   other law enforcement or corrections officer as provided by this 
  6.5   section. 
  6.6      (b) Any relief granted by the order for protection shall be 
  6.7   for a fixed period not to exceed one year, except when the court 
  6.8   determines a longer fixed period is appropriate.  When a referee 
  6.9   presides at the hearing on the petition, the order granting 
  6.10  relief becomes effective upon the referee's signature. 
  6.11     (c) An order granting the relief authorized in paragraph 
  6.12  (a), clause (1), may not be vacated or modified in a proceeding 
  6.13  for dissolution of marriage or legal separation, except that the 
  6.14  court may hear a motion for modification of an order for 
  6.15  protection concurrently with a proceeding for dissolution of 
  6.16  marriage upon notice of motion and motion.  The notice required 
  6.17  by court rule shall not be waived.  If the proceedings are 
  6.18  consolidated and the motion to modify is granted, a separate 
  6.19  order for modification of an order for protection shall be 
  6.20  issued. 
  6.21     (d) An order granting the relief authorized in paragraph 
  6.22  (a), clause (2) or (3), is not voided by the admittance of the 
  6.23  abusing party into the dwelling from which the abusing party is 
  6.24  excluded. 
  6.25     (e) If a proceeding for dissolution of marriage or legal 
  6.26  separation is pending between the parties, the court shall 
  6.27  provide a copy of the order for protection to the court with 
  6.28  jurisdiction over the dissolution or separation proceeding for 
  6.29  inclusion in its file. 
  6.30     (f) An order for restitution issued under this subdivision 
  6.31  is enforceable as civil judgment. 
  6.32     Sec. 5.  Minnesota Statutes 2000, section 518B.01, 
  6.33  subdivision 14, is amended to read: 
  6.34     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
  6.35  person who violates an order for protection issued by a judge or 
  6.36  referee is subject to the penalties provided in paragraphs (b) 
  7.1   to (d).  
  7.2      (b) Except as otherwise provided in paragraphs (c) and (d), 
  7.3   whenever an order for protection is granted by a judge or 
  7.4   referee or pursuant to a similar law of another state, the 
  7.5   United States, the District of Columbia, tribal lands, or United 
  7.6   States territories, and the respondent or person to be 
  7.7   restrained knows of the order, violation of the order for 
  7.8   protection is a misdemeanor.  Upon a misdemeanor conviction 
  7.9   under this paragraph, the defendant must be sentenced to a 
  7.10  minimum of three days imprisonment and must be ordered to 
  7.11  participate in counseling or other appropriate programs selected 
  7.12  by the court.  If the court stays imposition or execution of the 
  7.13  jail sentence and the defendant refuses or fails to comply with 
  7.14  the court's treatment order, the court must impose and execute 
  7.15  the stayed jail sentence.  A violation of an order for 
  7.16  protection shall also constitute contempt of court and be 
  7.17  subject to the penalties provided in chapter 588. 
  7.18     (c) A person is guilty of a gross misdemeanor who knowingly 
  7.19  violates this subdivision during the time period between a 
  7.20  previous qualified domestic violence-related offense conviction 
  7.21  ~~under this subdivision; sections 609.221 to 609.224; 609.2242;~~ 
  7.22  ~~609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or~~ 
  7.23  ~~a similar law of another state, the District of Columbia, tribal~~ 
  7.24  ~~lands, or United States territories;~~ and the end of the five 
  7.25  years following discharge from sentence for that ~~conviction~~ 
  7.26  offense.  Upon a gross misdemeanor conviction under this 
  7.27  paragraph, the defendant must be sentenced to a minimum of ten 
  7.28  days imprisonment and must be ordered to participate in 
  7.29  counseling or other appropriate programs selected by the court.  
  7.30  Notwithstanding section 609.135, the court must impose and 
  7.31  execute the minimum sentence provided in this paragraph for 
  7.32  gross misdemeanor convictions. 
  7.33     (d) A person is guilty of a felony and may be sentenced to 
  7.34  imprisonment for not more than five years or to payment of a 
  7.35  fine of not more than $10,000, or both, if the person knowingly 
  7.36  violates this subdivision: 
  8.1      (1) during the time period between the first of two or more 
  8.2   previous qualified domestic violence-related offense convictions 
  8.3   ~~under this section or sections 609.221 to 609.224; 609.2242;~~ 
  8.4   ~~609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or~~ 
  8.5   ~~a similar law of another state, the District of Columbia, tribal~~ 
  8.6   ~~lands, or United States territories;~~ and the end of the five 
  8.7   years following discharge from sentence for that ~~conviction~~ 
  8.8   offense; or 
  8.9      (2) while possessing a dangerous weapon, as defined in 
  8.10  section 609.02, subdivision 6. 
  8.11  Upon a felony conviction under this paragraph in which the court 
  8.12  stays imposition or execution of sentence, the court shall 
  8.13  impose at least a 30-day period of incarceration as a condition 
  8.14  of probation.  The court also shall order that the defendant 
  8.15  participate in counseling or other appropriate programs selected 
  8.16  by the court.  Notwithstanding section 609.135, the court must 
  8.17  impose and execute the minimum sentence provided in this 
  8.18  paragraph for felony convictions. 
  8.19     (e) A peace officer shall arrest without a warrant and take 
  8.20  into custody a person whom the peace officer has probable cause 
  8.21  to believe has violated an order granted pursuant to this 
  8.22  section or a similar law of another state, the United States, 
  8.23  the District of Columbia, tribal lands, or United States 
  8.24  territories restraining the person or excluding the person from 
  8.25  the residence or the petitioner's place of employment, even if 
  8.26  the violation of the order did not take place in the presence of 
  8.27  the peace officer, if the existence of the order can be verified 
  8.28  by the officer.  The probable cause required under this 
  8.29  paragraph includes probable cause that the person knowingly 
  8.30  violated the order.  When the order is first served upon the 
  8.31  person at a location at which, under the terms of the order, the 
  8.32  person's presence constitutes a violation, the person shall not 
  8.33  be arrested for violation of the order but shall be given a 
  8.34  reasonable opportunity to leave the location in the presence of 
  8.35  the peace officer.  A person arrested under this paragraph shall 
  8.36  be held in custody for at least 36 hours, excluding the day of 
  9.1   arrest, Sundays, and holidays, unless the person is released 
  9.2   earlier by a judge or judicial officer.  A peace officer acting 
  9.3   in good faith and exercising due care in making an arrest 
  9.4   pursuant to this paragraph is immune from civil liability that 
  9.5   might result from the officer's actions. 
  9.6      (f) If the court finds that the respondent has violated an 
  9.7   order for protection and that there is reason to believe that 
  9.8   the respondent will commit a further violation of the provisions 
  9.9   of the order restraining the respondent from committing acts of 
  9.10  domestic abuse or excluding the respondent from the petitioner's 
  9.11  residence, the court may require the respondent to acknowledge 
  9.12  an obligation to comply with the order on the record.  The court 
  9.13  may require a bond sufficient to deter the respondent from 
  9.14  committing further violations of the order for protection, 
  9.15  considering the financial resources of the respondent, and not 
  9.16  to exceed $10,000.  If the respondent refuses to comply with an 
  9.17  order to acknowledge the obligation or post a bond under this 
  9.18  paragraph, the court shall commit the respondent to the county 
  9.19  jail during the term of the order for protection or until the 
  9.20  respondent complies with the order under this paragraph.  The 
  9.21  warrant must state the cause of commitment, with the sum and 
  9.22  time for which any bond is required.  If an order is issued 
  9.23  under this paragraph, the court may order the costs of the 
  9.24  contempt action, or any part of them, to be paid by the 
  9.25  respondent.  An order under this paragraph is appealable.  
  9.26     (g) Upon the filing of an affidavit by the petitioner, any 
  9.27  peace officer, or an interested party designated by the court, 
  9.28  alleging that the respondent has violated any order for 
  9.29  protection granted pursuant to this section or a similar law of 
  9.30  another state, the United States, the District of Columbia, 
  9.31  tribal lands, or United States territories, the court may issue 
  9.32  an order to the respondent, requiring the respondent to appear 
  9.33  and show cause within 14 days why the respondent should not be 
  9.34  found in contempt of court and punished therefor.  The hearing 
  9.35  may be held by the court in any county in which the petitioner 
  9.36  or respondent temporarily or permanently resides at the time of 
 10.1   the alleged violation, or in the county in which the alleged 
 10.2   violation occurred, if the petitioner and respondent do not 
 10.3   reside in this state.  The court also shall refer the violation 
 10.4   of the order for protection to the appropriate prosecuting 
 10.5   authority for possible prosecution under paragraph (b), (c), or 
 10.6   (d). 
 10.7      (h) If it is alleged that the respondent has violated an 
 10.8   order for protection issued under subdivision 6 or a similar law 
 10.9   of another state, the United States, the District of Columbia, 
 10.10  tribal lands, or United States territories, and the court finds 
 10.11  that the order has expired between the time of the alleged 
 10.12  violation and the court's hearing on the violation, the court 
 10.13  may grant a new order for protection under subdivision 6 based 
 10.14  solely on the respondent's alleged violation of the prior order, 
 10.15  to be effective until the hearing on the alleged violation of 
 10.16  the prior order.  If the court finds that the respondent has 
 10.17  violated the prior order, the relief granted in the new order 
 10.18  for protection shall be extended for a fixed period, not to 
 10.19  exceed one year, except when the court determines a longer fixed 
 10.20  period is appropriate. 
 10.21     (i) The admittance into petitioner's dwelling of an abusing 
 10.22  party excluded from the dwelling under an order for protection 
 10.23  is not a violation by the petitioner of the order for protection.
 10.24     A peace officer is not liable under section 609.43, clause 
 10.25  (1), for a failure to perform a duty required by paragraph (e). 
 10.26     (j) When a person is convicted under paragraph (b) or (c) 
 10.27  of violating an order for protection and the court determines 
 10.28  that the person used a firearm in any way during commission of 
 10.29  the violation, the court may order that the person is prohibited 
 10.30  from possessing any type of firearm for any period longer than 
 10.31  three years or for the remainder of the person's life.  A person 
 10.32  who violates this paragraph is guilty of a gross misdemeanor.  
 10.33  At the time of the conviction, the court shall inform the 
 10.34  defendant whether and for how long the defendant is prohibited 
 10.35  from possessing a firearm and that it is a gross misdemeanor to 
 10.36  violate this paragraph.  The failure of the court to provide 
 11.1   this information to a defendant does not affect the 
 11.2   applicability of the firearm possession prohibition or the gross 
 11.3   misdemeanor penalty to that defendant. 
 11.4      (k) Except as otherwise provided in paragraph (j), when a 
 11.5   person is convicted under paragraph (b) or (c) of violating an 
 11.6   order for protection, the court shall inform the defendant that 
 11.7   the defendant is prohibited from possessing a pistol for three 
 11.8   years from the date of conviction and that it is a gross 
 11.9   misdemeanor offense to violate this prohibition.  The failure of 
 11.10  the court to provide this information to a defendant does not 
 11.11  affect the applicability of the pistol possession prohibition or 
 11.12  the gross misdemeanor penalty to that defendant. 
 11.13     (l) Except as otherwise provided in paragraph (j), a person 
 11.14  is not entitled to possess a pistol if the person has been 
 11.15  convicted under paragraph (b) or (c) after August 1, 1996, of 
 11.16  violating an order for protection, unless three years have 
 11.17  elapsed from the date of conviction and, during that time, the 
 11.18  person has not been convicted of any other violation of this 
 11.19  section.  Property rights may not be abated but access may be 
 11.20  restricted by the courts.  A person who possesses a pistol in 
 11.21  violation of this paragraph is guilty of a gross misdemeanor. 
 11.22     (m) If the court determines that a person convicted under 
 11.23  paragraph (b) or (c) of violating an order for protection owns 
 11.24  or possesses a firearm and used it in any way during the 
 11.25  commission of the violation, it shall order that the firearm be 
 11.26  summarily forfeited under section 609.5316, subdivision 3. 
 11.27     Sec. 6.  [518B.10] [PURPOSE; STANDARDS FOR DOMESTIC ABUSE 
 11.28  COUNSELING PROGRAMS AND EDUCATIONAL PROGRAMS.] 
 11.29     The purpose of these standards is to establish minimum 
 11.30  operating guidelines for those persons and programs providing 
 11.31  either counseling programs or educational programs for 
 11.32  court-ordered domestic abuse offenders or abusing parties.  
 11.33     The purpose of domestic abuse counseling programs and 
 11.34  domestic abuse educational programs is to: 
 11.35     (1) stop the violence; 
 11.36     (2) hold offenders and abusing parties accountable for 
 12.1   their violence, challenge beliefs that contribute to violence 
 12.2   and other abusive acts, and encourage behaviors that facilitate 
 12.3   nonviolence and other nonabusive behaviors; 
 12.4      (3) promote victim safety by ensuring that programs and 
 12.5   program staff work closely with victim advocates and the courts; 
 12.6      (4) ensure policies that address victim safety and victim 
 12.7   contact; and 
 12.8      (5) ensure procedures for offenders and abusing parties who 
 12.9   violate program conditions, conditions of probation, or orders 
 12.10  of the court, or who use violence while participating in the 
 12.11  program. 
 12.12     Sec. 7.  [518B.11] [DEFINITIONS.] 
 12.13     Subdivision 1.  [APPLICABILITY.] For purposes of sections 
 12.14  518B.10 to 518B.13, the following terms have the meaning given 
 12.15  them.  
 12.16     Subd. 2.  [ABUSING PARTY.] "Abusing party" means the party 
 12.17  against whom relief is ordered in a proceeding under section 
 12.18  518B.01 (the Domestic Abuse Act). 
 12.19     Subd. 3.  [COUNSELING PROGRAM; EDUCATIONAL PROGRAM.] A 
 12.20  "counseling program" or "educational program" means a domestic 
 12.21  abuse counseling program or domestic abuse educational program 
 12.22  that provides court-ordered sessions, classes, or group meetings 
 12.23  for domestic abuse offenders and abusing parties. 
 12.24     Subd. 4.  [DOMESTIC ABUSE.] "Domestic abuse" has the 
 12.25  meaning given in section 518B.01, subdivision 2.  The term also 
 12.26  includes violations of section 518B.01, subdivisions 14 and 22. 
 12.27     Subd. 5.  [OFFENDER.] "Offender" means a person convicted 
 12.28  of committing domestic abuse or a person ordered by the court to 
 12.29  participate in a domestic abuse counseling program or 
 12.30  educational program based upon a conviction for a criminal 
 12.31  offense. 
 12.32     Subd. 6.  [PROGRAM.] "Program" means domestic abuse 
 12.33  counseling programs or domestic abuse educational programs. 
 12.34     Subd. 7.  [RELEASE OF INFORMATION.] "Release of information"
 12.35  means a written document that allows a program to communicate 
 12.36  about the offender or abusing party with the court, other 
 13.1   providers, and the victim. 
 13.2      Subd. 8.  [VICTIM.] "Victim" has the meaning given in 
 13.3   section 611A.01, paragraph (b), and includes a battered woman, 
 13.4   as defined by section 611A.31, subdivision 2.  
 13.5      Sec. 8.  [518B.12] [DOMESTIC ABUSE COUNSELING PROGRAM OR 
 13.6   EDUCATIONAL PROGRAM REQUIRED.] 
 13.7      Subdivision 1.  [COURT ORDER TO DOMESTIC ABUSE COUNSELING 
 13.8   PROGRAM OR EDUCATIONAL PROGRAM.] (a) Except as provided in 
 13.9   paragraph (c), if the court stays imposition or execution of 
 13.10  sentence for a domestic abuse offense and places the offender on 
 13.11  probation and the corrections agent recommends that the offender 
 13.12  complete a counseling program or educational program, the court 
 13.13  shall order that, as a condition of the stayed sentence, the 
 13.14  offender participate in and successfully complete a counseling 
 13.15  program or educational program that satisfies the requirements 
 13.16  of section 518B.13.  
 13.17     (b) Except as provided in paragraph (c), as part of any 
 13.18  relief ordered under section 518B.01, subdivision 6, the court 
 13.19  may order an abusing party to participate in and successfully 
 13.20  complete a counseling program or educational program that 
 13.21  satisfies the requirements of section 518B.13. 
 13.22     (c) If a counseling program or educational program is not 
 13.23  available or the court makes written findings that such a 
 13.24  program is inappropriate based upon the offender's or abusing 
 13.25  party's mental illness, the court may send the offender or 
 13.26  abusing party to a counselor who provides services consistent 
 13.27  with the requirements in section 518B.13.  This counselor must 
 13.28  be knowledgeable about domestic abuse issues. 
 13.29     A program is available if it is within reasonable travel 
 13.30  distance from the offender's home. 
 13.31     (d) The offender or abusing party must complete at least 24 
 13.32  sessions of a counseling program or educational program, unless 
 13.33  the person's probation agent, if any, recommends fewer 
 13.34  sessions.  This recommendation must be based upon good cause and 
 13.35  submitted to the court in writing.  
 13.36     (e) The court may require an offender to participate in a 
 14.1   counseling program or educational program up to the entire 
 14.2   amount of time an offender is on probation.  The court may order 
 14.3   that the offender be required to continue in the program for as 
 14.4   long as the program counselor or facilitator requires, provided 
 14.5   this time period is not longer than the person's term of 
 14.6   probation. 
 14.7      (f) If culturally specific counseling programs or 
 14.8   educational programs are available, the court may order the 
 14.9   offender or abusing party to attend such counseling programs or 
 14.10  educational programs, where appropriate. 
 14.11     Subd. 2.  [CHEMICALLY DEPENDENT OFFENDERS.] If the offender 
 14.12  or abusing party has a diagnosable chemical dependency problem, 
 14.13  the court shall require the offender to complete chemical 
 14.14  dependency treatment as a condition of probation, if reasonable. 
 14.15     Sec. 9.  [518B.13] [STANDARDS FOR DOMESTIC ABUSE COUNSELING 
 14.16  PROGRAMS AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] 
 14.17     Subdivision 1.  [LENGTH OF PROGRAM; SESSIONS.] Programs 
 14.18  shall require offenders and abusing parties to attend a minimum 
 14.19  of 24 sessions, unless a probation agent has recommended fewer 
 14.20  sessions under section 518B.12, subdivision 1.  Each program 
 14.21  session must last at least 1-1/2 hours. 
 14.22     Subd. 2.  [POLICIES.] (a) Programs must have a written 
 14.23  policy that requires counselors and facilitators to report to 
 14.24  the court and to the offender's probation or corrections officer 
 14.25  any threats of violence made by the offender or abusing party, 
 14.26  any acts of violence by the offender or abusing party, any 
 14.27  violation of court orders by the offender or abusing party, and 
 14.28  any violation of program rules that resulted in the offender's 
 14.29  or abusing party's termination from the program.  
 14.30     (b) Programs shall have written policies that counselors 
 14.31  and facilitators must be violence free in their own lives.  
 14.32     (c) Programs shall have written policies requiring that 
 14.33  counselors and facilitators hold offenders and abusing parties 
 14.34  solely responsible for their behavior. 
 14.35     Subd. 3.  [SCREENING.] Each program shall conduct an intake 
 14.36  process with each offender and abusing party.  This intake 
 15.1   process shall screen for chemical dependency problems, mental 
 15.2   health problems, and dangerousness to others.  If the offender 
 15.3   or abusing party is chemically dependent or has mental health 
 15.4   problems, the program may refer the offender or abusing party to 
 15.5   a chemical dependency treatment center or for mental health 
 15.6   treatment as is appropriate.  If the offender or abusing party 
 15.7   is dangerous, the program shall report this information to the 
 15.8   court, the probation or corrections officer, and the victim. 
 15.9      Subd. 4.  [NOTICE TO VICTIM.] If the offender or abusing 
 15.10  party is reported back to the court or is terminated from the 
 15.11  program, the program shall notify the victim of the 
 15.12  circumstances.  
 15.13     Subd. 5.  [RELEASE OF INFORMATION.] Programs shall require 
 15.14  court-ordered offenders and abusing parties to sign a release of 
 15.15  information authorizing communication regarding the offender's 
 15.16  or abusing party's progress in the program to the court, the 
 15.17  offender's probation or corrections officer, other providers, 
 15.18  and the victim.  The offender or abusing party may not enter the 
 15.19  program if the offender does not sign a release.  
 15.20     Subd. 6.  [VICTIM PRIVACY.] (a) If a counselor or 
 15.21  facilitator contacts the victim, the counselor or facilitator 
 15.22  must not elicit any information that the victim does not want to 
 15.23  provide.  A counselor or facilitator who contacts a victim shall 
 15.24  notify the victim of the right not to provide any information, 
 15.25  and shall also notify the victim of how any information provided 
 15.26  will be used and with whom it will be shared, and shall obtain 
 15.27  the victim's permission before eliciting information from the 
 15.28  victim or sharing information with anyone other than staff of 
 15.29  the counseling program. 
 15.30     (b) Programs shall have written policies that require 
 15.31  counselors and facilitators to inform victims of the 
 15.32  confidentiality of information as provided by this subdivision.  
 15.33  Programs must maintain separate files for information pertaining 
 15.34  to the offender or abusing party and the victim. 
 15.35     (c) If a counselor or facilitator contacts a victim, the 
 15.36  counselor or facilitator shall provide the victim with referral 
 16.1   information for support services. 
 16.2      Subd. 7.  [CONFIDENTIALITY.] (a) Except as provided in 
 16.3   paragraph (b), program staff may not disclose any confidential 
 16.4   communication made by the offender or abusing party without the 
 16.5   consent of the offender or abusing party. 
 16.6      (b) Programs must warn a potential victim of imminent 
 16.7   danger based upon information provided by an offender or abusing 
 16.8   party. 
 16.9      Subd. 8.  [PROGRAM SETTING.] (a) The counseling program or 
 16.10  educational program must provide services in a group setting, 
 16.11  unless the offender or abusing party would be inappropriate in a 
 16.12  group setting.  
 16.13     (b) Programs must provide separate sessions for male and 
 16.14  female offenders and abusing parties. 
 16.15     Subd. 9.  [MARRIAGE OR COUPLES COUNSELING.] Marriage or 
 16.16  couples counseling will not be offered nor a referral made until 
 16.17  the offender or abusing party has completed a domestic abuse 
 16.18  counseling program or educational program for a minimum of the 
 16.19  court-ordered number of sessions and the counselor or 
 16.20  facilitator reasonably believes that the violence, intimidation, 
 16.21  and coercion has ceased; and the victim feels safe to 
 16.22  participate. 
 16.23     Subd. 10.  [PROGRAM COMPLETION; REPORT.] When the 
 16.24  court-ordered offender or abusing party has completed the 
 16.25  program, the counselor or facilitator shall report this 
 16.26  information to the court and the offender's probation or 
 16.27  corrections officer. 
 16.28     Subd. 11.  [COORDINATION.] Programs shall coordinate with 
 16.29  the court, probation and corrections officers, battered women's 
 16.30  programs, child protection services, and other providers to 
 16.31  promote victim safety and offender accountability. 
 16.32     Sec. 10.  Minnesota Statutes 2000, section 609.02, is 
 16.33  amended by adding a subdivision to read: 
 16.34     Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED 
 16.35  OFFENSE.] "Qualified domestic violence-related offense" includes 
 16.36  the following offenses:  sections 518B.01, subdivision 14 
 17.1   (domestic abuse order for protection); 609.221 (first-degree 
 17.2   assault); 609.222 (second-degree assault); 609.223 (third-degree 
 17.3   assault); 609.2231 (fourth-degree assault); 609.224 
 17.4   (fifth-degree assault); 609.2242 (domestic assault); 609.342 
 17.5   (first-degree criminal sexual conduct); 609.343 (second-degree 
 17.6   criminal sexual conduct); 609.344 (third-degree criminal sexual 
 17.7   conduct); 609.345 (fourth-degree criminal sexual conduct); 
 17.8   609.3451 (fifth-degree criminal sexual conduct); 609.377 
 17.9   (malicious punishment of a child); 609.713 (terroristic 
 17.10  threats); 609.748, subdivision 6 (violation of restraining 
 17.11  order); and 609.749 (harassment/stalking); and similar laws of 
 17.12  other states, the United States, the District of Columbia, 
 17.13  tribal lands, and United States territories. 
 17.14     Sec. 11.  Minnesota Statutes 2000, section 609.224, 
 17.15  subdivision 2, is amended to read: 
 17.16     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 17.17  provisions of subdivision 1 against the same victim during the 
 17.18  time period between a previous qualified domestic 
 17.19  violence-related offense conviction or adjudication of 
 17.20  delinquency ~~under this section, sections 609.221 to 609.2231,~~ 
 17.21  ~~609.2242, 609.342 to 609.345, 609.377, or 609.713, or any~~ 
 17.22  ~~similar law of another state,~~ and the end of the five years 
 17.23  following discharge from sentence or disposition for that 
 17.24  ~~conviction or adjudication~~ offense, is guilty of a gross 
 17.25  misdemeanor and may be sentenced to imprisonment for not more 
 17.26  than one year or to payment of a fine of not more than $3,000, 
 17.27  or both.  
 17.28     (b) Whoever violates the provisions of subdivision 1 within 
 17.29  two years of a previous qualified domestic violence-related 
 17.30  offense conviction or adjudication of delinquency ~~under this~~ 
 17.31  ~~section or sections 609.221 to 609.2231, 609.2242, 609.377, or~~ 
 17.32  ~~609.713, or any similar law of another state,~~ is guilty of a 
 17.33  gross misdemeanor and may be sentenced to imprisonment for not 
 17.34  more than one year or to payment of a fine of not more than 
 17.35  $3,000, or both. 
 17.36     (c) A caregiver, as defined in section 609.232, who is an 
 18.1   individual and who violates the provisions of subdivision 1 
 18.2   against a vulnerable adult, as defined in section 609.232, is 
 18.3   guilty of a gross misdemeanor and may be sentenced to 
 18.4   imprisonment for not more than one year or to payment of a fine 
 18.5   of not more than $3,000, or both. 
 18.6      Sec. 12.  Minnesota Statutes 2000, section 609.224, 
 18.7   subdivision 4, is amended to read: 
 18.8      Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 18.9   subdivision 1 against the same victim during the time period 
 18.10  between the first of any combination of two or more 
 18.11  previous qualified domestic violence-related offense convictions 
 18.12  or adjudications of delinquency ~~under this section or sections~~ 
 18.13  ~~609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or~~ 
 18.14  ~~609.713, or any similar law of another state,~~ and the end of the 
 18.15  five years following discharge from sentence or disposition for 
 18.16  that ~~conviction or adjudication~~ offense is guilty of a felony 
 18.17  and may be sentenced to imprisonment for not more than five 
 18.18  years or payment of a fine of not more than $10,000, or both. 
 18.19     (b) Whoever violates the provisions of subdivision 1 within 
 18.20  three years of the first of any combination of two or more 
 18.21  previous qualified domestic violence-related offense convictions 
 18.22  or adjudications of delinquency ~~under this section or sections~~ 
 18.23  ~~609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any~~ 
 18.24  ~~similar law of another state,~~ is guilty of a felony and may be 
 18.25  sentenced to imprisonment for not more than five years or to 
 18.26  payment of a fine of not more than $10,000, or both. 
 18.27     Sec. 13.  Minnesota Statutes 2000, section 609.2242, 
 18.28  subdivision 2, is amended to read: 
 18.29     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 18.30  1 during the time period between a previous qualified domestic 
 18.31  violence-related offense conviction or adjudication of 
 18.32  delinquency ~~under this section or sections 609.221 to 609.2231,~~ 
 18.33  ~~609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar~~ 
 18.34  ~~law of another state,~~ against a family or household member as 
 18.35  defined in section 518B.01, subdivision 2, and the end of the 
 18.36  five years following discharge from sentence or disposition for 
 19.1   that ~~conviction or adjudication~~ offense is guilty of a gross 
 19.2   misdemeanor and may be sentenced to imprisonment for not more 
 19.3   than one year or to payment of a fine of not more than $3,000, 
 19.4   or both. 
 19.5      Sec. 14.  Minnesota Statutes 2000, section 609.2242, 
 19.6   subdivision 4, is amended to read: 
 19.7      Subd. 4.  [FELONY.] Whoever violates the provisions of this 
 19.8   section or section 609.224, subdivision 1, against the same 
 19.9   victim during the time period between the first of any 
 19.10  combination of two or more previous qualified domestic 
 19.11  violence-related offense convictions or adjudications of 
 19.12  delinquency ~~under this section or sections 609.221 to 609.2231,~~ 
 19.13  ~~609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar~~ 
 19.14  ~~law of another state~~ and the end of the five years following 
 19.15  discharge from sentence or disposition for that ~~conviction or~~ 
 19.16  ~~adjudication~~ offense is guilty of a felony and may be sentenced 
 19.17  to imprisonment for not more than five years or payment of a 
 19.18  fine of not more than $10,000, or both. 
 19.19     Sec. 15.  Minnesota Statutes 2000, section 609.2244, 
 19.20  subdivision 2, is amended to read: 
 19.21     Subd. 2.  [REPORT.] (a) The department of corrections shall 
 19.22  establish minimum standards for the report, including the 
 19.23  circumstances of the offense, impact on the victim, the 
 19.24  defendant's prior record, characteristics and history of alcohol 
 19.25  and chemical use problems, and amenability to domestic abuse 
 19.26  programs.  The report is classified as private data on 
 19.27  individuals as defined in section 13.02, subdivision 12.  Victim 
 19.28  impact statements are confidential. 
 19.29     (b) The report must include: 
 19.30     (1) a recommendation on any limitations on contact with the 
 19.31  victim and other measures to ensure the victim's safety; 
 19.32     (2) a recommendation for the defendant to enter and 
 19.33  successfully complete domestic abuse programming and any 
 19.34  aftercare found necessary by the investigation, including a 
 19.35  specific recommendation for the defendant to complete a domestic 
 19.36  abuse counseling program or domestic abuse educational program 
 20.1   under sections 518B.10 to 518B.13; 
 20.2      (3) a recommendation for chemical dependency evaluation and 
 20.3   treatment as determined by the evaluation whenever alcohol or 
 20.4   drugs were found to be a contributing factor to the offense; 
 20.5      (4) recommendations for other appropriate remedial action 
 20.6   or care or a specific explanation why no level of care or action 
 20.7   is recommended; and 
 20.8      (5) consequences for failure to abide by conditions set up 
 20.9   by the court. 
 20.10     Sec. 16.  Minnesota Statutes 2000, section 609.2244, 
 20.11  subdivision 4, is amended to read: 
 20.12     Subd. 4.  [DOMESTIC ABUSE INVESTIGATION FEE.] When the 
 20.13  court sentences a person convicted of an offense described in 
 20.14  subdivision 1, the court shall impose a domestic abuse 
 20.15  investigation fee of at least $50 but not more than $125.  This 
 20.16  fee must be imposed whether the sentence is executed, stayed, or 
 20.17  suspended.  The court may not waive payment or authorize payment 
 20.18  of the fee in installments unless it makes written findings on 
 20.19  the record that the convicted person is indigent or that the fee 
 20.20  would create undue hardship for the convicted person or that 
 20.21  person's immediate family.  The person convicted of the offense 
 20.22  and ordered to pay the fee shall pay the fee to the county 
 20.23  corrections department or other designated agencies conducting 
 20.24  the investigation.  When the court orders the convicted person 
 20.25  to also pay the costs of domestic abuse counseling or 
 20.26  educational programs, restitution, or a criminal fine, the court 
 20.27  shall order the person to pay the entire amount owed before the 
 20.28  person pays the fee imposed under this subdivision. 
 20.29     Sec. 17.  Minnesota Statutes 2000, section 609.748, 
 20.30  subdivision 6, is amended to read: 
 20.31     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
 20.32  who violates a restraining order issued under this section is 
 20.33  subject to the penalties provided in paragraphs (b) to (d).  
 20.34     (b) Except as otherwise provided in paragraphs (c) and (d), 
 20.35  when a temporary restraining order or a restraining order is 
 20.36  granted under this section and the respondent knows of the 
 21.1   order, violation of the order is a misdemeanor.  
 21.2      (c) A person is guilty of a gross misdemeanor who knowingly 
 21.3   violates the order during the time period between a 
 21.4   previous qualified domestic violence-related offense 
 21.5   conviction ~~under this subdivision; sections 609.221 to 609.224;~~ 
 21.6   ~~609.2242; 518B.01, subdivision 14; 609.713, subdivisions 1 or 3;~~ 
 21.7   ~~or 609.749;~~ and the end of the five years following discharge 
 21.8   from sentence for that ~~conviction~~ offense.  
 21.9      (d) A person is guilty of a felony and may be sentenced to 
 21.10  imprisonment for not more than five years or to payment of a 
 21.11  fine of not more than $10,000, or both, if the person knowingly 
 21.12  violates the order:  
 21.13     (1) during the time period between the first of two or more 
 21.14  previous qualified domestic violence-related offense convictions 
 21.15  ~~under this subdivision or sections 518B.01, subdivision 14;~~ 
 21.16  ~~609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3;~~ 
 21.17  ~~609.749;~~ and the end of the five years following discharge from 
 21.18  sentence for that ~~conviction~~ offense; 
 21.19     (2) because of the victim's or another's actual or 
 21.20  perceived race, color, religion, sex, sexual orientation, 
 21.21  disability as defined in section 363.01, age, or national 
 21.22  origin; 
 21.23     (3) by falsely impersonating another; 
 21.24     (4) while possessing a dangerous weapon; 
 21.25     (5) with an intent to influence or otherwise tamper with a 
 21.26  juror or a judicial proceeding or with intent to retaliate 
 21.27  against a judicial officer, as defined in section 609.415, or a 
 21.28  prosecutor, defense attorney, or officer of the court, because 
 21.29  of that person's performance of official duties in connection 
 21.30  with a judicial proceeding; or 
 21.31     (6) against a victim under the age of 18, if the respondent 
 21.32  is more than 36 months older than the victim. 
 21.33     (e) A peace officer shall arrest without a warrant and take 
 21.34  into custody a person whom the peace officer has probable cause 
 21.35  to believe has violated an order issued under subdivision 4 or 5 
 21.36  if the existence of the order can be verified by the officer.  
 22.1      (f) A violation of a temporary restraining order or 
 22.2   restraining order shall also constitute contempt of court. 
 22.3      (g) Upon the filing of an affidavit by the petitioner, any 
 22.4   peace officer, or an interested party designated by the court, 
 22.5   alleging that the respondent has violated an order issued under 
 22.6   subdivision 4 or 5, the court may issue an order to the 
 22.7   respondent requiring the respondent to appear within 14 days and 
 22.8   show cause why the respondent should not be held in contempt of 
 22.9   court.  The court also shall refer the violation of the order to 
 22.10  the appropriate prosecuting authority for possible prosecution 
 22.11  under paragraph (b), (c), or (d). 
 22.12     Sec. 18.  Minnesota Statutes 2000, section 609.749, 
 22.13  subdivision 4, is amended to read: 
 22.14     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 22.15  person is guilty of a felony who violates any provision of 
 22.16  subdivision 2 during the time period between a 
 22.17  previous qualified domestic violence-related offense conviction 
 22.18  or adjudication of delinquency ~~under this section; sections~~ 
 22.19  ~~609.221 to 609.2242; 518B.01, subdivision 14; 609.748,~~ 
 22.20  ~~subdivision 6; or 609.713, subdivision 1 or 3; or a similar law~~ 
 22.21  ~~from another state~~ and the end of the ten years following 
 22.22  discharge from sentence or disposition for that ~~conviction or~~ 
 22.23  ~~adjudication~~ offense. 
 22.24     Sec. 19.  Minnesota Statutes 2000, section 609.749, 
 22.25  subdivision 5, is amended to read: 
 22.26     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 22.27  engages in a pattern of harassing conduct with respect to a 
 22.28  single victim or one or more members of a single household which 
 22.29  the actor knows or has reason to know would cause the victim 
 22.30  under the circumstances to feel terrorized or to fear bodily 
 22.31  harm and which does cause this reaction on the part of the 
 22.32  victim, is guilty of a felony and may be sentenced to 
 22.33  imprisonment for not more than ten years or to payment of a fine 
 22.34  of not more than $20,000, or both. 
 22.35     (b) For purposes of this subdivision, a "pattern of 
 22.36  harassing conduct" means two or more acts within a five-year 
 23.1   period that violate the provisions of any of the following or a 
 23.2   similar law of another state, the United States, the District of 
 23.3   Columbia, tribal lands, or United States territories: 
 23.4      (1) this section; 
 23.5      (2) section 609.713; 
 23.6      (3) section 609.224; 
 23.7      (4) section 609.2242; 
 23.8      (5) section 518B.01, subdivision 14; 
 23.9      (6) section 609.748, subdivision 6; 
 23.10     (7) section 609.605, subdivision 1, paragraph (b), clauses 
 23.11  (3), (4), and (7); 
 23.12     (8) section 609.79; 
 23.13     (9) section 609.795; 
 23.14     (10) section 609.582; 
 23.15     (11) section 609.595; or 
 23.16     (12) section 609.765. 
 23.17     (c) When acts constituting a violation of this subdivision 
 23.18  are committed in two or more counties, the accused may be 
 23.19  prosecuted in any county in which one of the acts was committed 
 23.20  for all acts constituting the pattern. 
 23.21     Sec. 20.  Minnesota Statutes 2000, section 629.72, is 
 23.22  amended to read: 
 23.23     629.72 [BAIL IN CASES OF DOMESTIC ~~ASSAULT OR~~ ABUSE, 
 23.24  HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 
 23.25  OF A DOMESTIC ABUSE NO CONTACT ORDER.] 
 23.26     Subdivision 1.  [~~DEFINITION; ALLOWING DETENTION IN LIEU OF~~ 
 23.27  ~~CITATION; RELEASE~~ DEFINITIONS.] (a) For purposes of this 
 23.28  section, the following terms have the meaning given them. 
 23.29     (b) "Domestic abuse" has the meaning given in section 
 23.30  518B.01, subdivision 2. 
 23.31     (c) "Harassment" has the meaning given in section 609.749. 
 23.32     (d) "Violation of a domestic abuse no contact order" has 
 23.33  the meaning given in section 518B.01, subdivision 22. 
 23.34     (e) "Violation of an order for protection" has the meaning 
 23.35  given in section 518B.01, subdivision 14. 
 23.36     ~~(b)~~  
 24.1      Subd. 1a.  [ALLOWING DETENTION IN LIEU OF CITATION; 
 24.2   RELEASE.] (a) Notwithstanding any other law or rule, an 
 24.3   arresting officer may not issue a citation in lieu of arrest and 
 24.4   detention to an individual charged with harassment ~~or charged~~ 
 24.5   ~~with~~, domestic abuse, violation of an order for protection, or 
 24.6   violation of a domestic abuse no contact order. 
 24.7      ~~(c)~~ (b) Notwithstanding any other law or rule, an 
 24.8   individual who is arrested on a charge of harassing any 
 24.9   person ~~or of~~, domestic abuse, violation of an order for 
 24.10  protection, or violation of a domestic abuse no contact order, 
 24.11  must be brought to the police station or county jail.  The 
 24.12  officer in charge of the police station or the county sheriff in 
 24.13  charge of the jail shall issue a citation in lieu of continued 
 24.14  detention unless it reasonably appears to the officer or sheriff 
 24.15  that ~~detention is necessary to prevent bodily harm to the~~ 
 24.16  ~~arrested person or another, or there is a substantial likelihood~~ 
 24.17  ~~the arrested person will fail to respond to a citation~~ release 
 24.18  of the person poses a threat to the alleged victim, another 
 24.19  family or household member, or public safety, or there is a 
 24.20  substantial likelihood the arrested person will fail to appear 
 24.21  at subsequent proceedings. 
 24.22     ~~(d)~~ (c) If the arrested person is not issued a citation by 
 24.23  the officer in charge of the police station or the county 
 24.24  sheriff, the arrested person must be brought before the nearest 
 24.25  available judge of the district court in the county in which the 
 24.26  alleged harassment ~~or~~, domestic abuse, violation of an order for 
 24.27  protection, or violation of a domestic abuse no contact order 
 24.28  took place without unnecessary delay as provided by court rule. 
 24.29     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
 24.30  before whom the arrested person is brought shall review the 
 24.31  facts surrounding the arrest and detention of a person arrested 
 24.32  for domestic abuse, harassment, violation of an order for 
 24.33  protection, or violation of a domestic abuse no contact order.  
 24.34  The prosecutor or ~~other appropriate person~~ prosecutor's designee 
 24.35  shall present relevant information involving the victim's or the 
 24.36  victim's family's account of the alleged crime to the judge to 
 25.1   be considered in determining the arrested person's release.  ~~The~~ 
 25.2   ~~arrested person must be ordered released pending trial or~~ 
 25.3   ~~hearing on the person's personal recognizance or on an order to~~ 
 25.4   ~~appear or upon the execution of an unsecured bond in a specified~~ 
 25.5   ~~amount unless the judge determines that release (1) will be~~ 
 25.6   ~~inimical to public safety, (2) will create a threat of bodily~~ 
 25.7   ~~harm to the arrested person, the victim of the alleged~~ 
 25.8   ~~harassment or domestic abuse, or another, or (3) will not~~ 
 25.9   ~~reasonably assure the appearance of the arrested person at~~ 
 25.10  ~~subsequent proceedings.~~  In making a decision concerning 
 25.11  pretrial release of a person arrested for domestic abuse, 
 25.12  harassment, violation of an order for protection, or violation 
 25.13  of a domestic abuse no contact order, the judge shall review the 
 25.14  facts of the arrest and detention of the person and determine 
 25.15  whether release of the person poses a threat to the alleged 
 25.16  victim, another family or household member, or public safety, or 
 25.17  there is a substantial likelihood the person will fail to appear 
 25.18  at subsequent proceedings.  Before releasing a person arrested 
 25.19  for or charged with a crime of domestic abuse, harassment, a 
 25.20  violation of an order for protection, or violation of a domestic 
 25.21  abuse no contact order, the judge shall make findings on the 
 25.22  record, to the extent possible, concerning the determination 
 25.23  made in accordance with the above factors.  The judge may impose 
 25.24  conditions of release or bail, or both, on the person to protect 
 25.25  the alleged victim or other family or household members and to 
 25.26  ensure the appearance of the person at subsequent proceedings.  
 25.27  These conditions may include an order: 
 25.28     (1) enjoining the person from threatening to commit or 
 25.29  committing acts of domestic abuse or harassment against the 
 25.30  alleged victim or other family or household members or from 
 25.31  violating an order for protection or domestic abuse no contact 
 25.32  order; 
 25.33     (2) prohibiting the person from harassing, annoying, 
 25.34  telephoning, contacting, or otherwise communicating with the 
 25.35  alleged victim, either directly or indirectly; 
 25.36     (3) directing the person to vacate or stay away from the 
 26.1   home of the alleged victim and to stay away from any other 
 26.2   location where the alleged victim is likely to be; 
 26.3      (4) prohibiting the person from possessing a firearm or 
 26.4   other weapon specified by the court; 
 26.5      (5) prohibiting the person from possessing or consuming 
 26.6   alcohol or controlled substances; and 
 26.7      (6) specifying any other matter required to protect the 
 26.8   safety of the alleged victim and to ensure the appearance of the 
 26.9   person at subsequent proceedings.  
 26.10     (b) ~~If the judge determines release is not advisable, the~~ 
 26.11  ~~judge may impose any conditions of release that will reasonably~~ 
 26.12  ~~assure the appearance of the person for subsequent proceedings,~~ 
 26.13  ~~or will protect the victim of the alleged harassment or domestic~~ 
 26.14  ~~abuse, or may fix the amount of money bail without other~~ 
 26.15  ~~conditions upon which the arrested person may obtain release.~~  
 26.16  If conditions of release are imposed, the judge shall issue a 
 26.17  written order for conditional release.  The court administrator 
 26.18  shall immediately distribute a copy of the order for conditional 
 26.19  release to the agency having custody of the arrested person and 
 26.20  shall provide the agency having custody of the arrested person 
 26.21  with any available information on the location of the victim in 
 26.22  a manner that protects the victim's safety.  Either the court or 
 26.23  its designee or the agency having custody of the arrested person 
 26.24  shall serve upon the defendant a copy of the order.  Failure to 
 26.25  serve the arrested person with a copy of the order for 
 26.26  conditional release does not invalidate the conditions of 
 26.27  release. 
 26.28     (c) If the judge imposes as a condition of release a 
 26.29  requirement that the person have no contact with the alleged 
 26.30  victim ~~of the alleged harassment or domestic abuse~~, the judge 
 26.31  may also, on its own motion or that of the prosecutor or on 
 26.32  request of the victim, issue an ex parte temporary restraining 
 26.33  order under section 609.748, subdivision 4, or an ex parte 
 26.34  temporary order for protection under section 518B.01, 
 26.35  subdivision 7.  Notwithstanding section 518B.01, subdivision 7, 
 26.36  paragraph (b), or 609.748, subdivision 4, paragraph (c), the 
 27.1   temporary order is effective until the defendant is convicted or 
 27.2   acquitted, or the charge is dismissed, provided that upon 
 27.3   request the defendant is entitled to a full hearing on the 
 27.4   restraining order under section 609.748, subdivision 5, or on 
 27.5   the order for protection under section 518B.01.  The hearing 
 27.6   must be held within seven days of the defendant's request. 
 27.7      Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
 27.8   PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
 27.9   adopted standards governing electronic monitoring devices used 
 27.10  to protect victims of domestic abuse, the court, as a condition 
 27.11  of release, may not order a person arrested for a crime 
 27.12  described in section 609.135, subdivision 5a, paragraph (b), to 
 27.13  use an electronic monitoring device to protect a victim's safety.
 27.14     (b) Notwithstanding paragraph (a), district courts in the 
 27.15  tenth judicial district may order, as a condition of a release, 
 27.16  a person arrested on a charge of a crime described in section 
 27.17  609.135, subdivision 5a, paragraph (b), to use an electronic 
 27.18  monitoring device to protect the victim's safety.  The courts 
 27.19  shall make data on the use of electronic monitoring devices to 
 27.20  protect a victim's safety in the tenth judicial district 
 27.21  available to the commissioner of corrections to evaluate and to 
 27.22  aid in development of standards for the use of devices to 
 27.23  protect victims of domestic abuse.  
 27.24     Subd. 3.  [RELEASE.] If the arrested person is not issued a 
 27.25  citation by the officer in charge of the police station or the 
 27.26  county sheriff pursuant to subdivision 1, and is not brought 
 27.27  before a judge within the time limits prescribed by court rule, 
 27.28  the arrested person shall be released by the arresting 
 27.29  authorities, and a citation must be issued in lieu of continued 
 27.30  detention. 
 27.31     Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
 27.32  PROTECTION.] If a restraining order is issued under section 
 27.33  609.748 or an order for protection is issued under section 
 27.34  518B.01 while the arrested person is still in detention, the 
 27.35  order must be served upon the arrested person during detention 
 27.36  if possible. 
 28.1      Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
 28.2   who released the arrested person shall issue a warrant directing 
 28.3   that the person be arrested and taken immediately before the 
 28.4   judge, if the judge: 
 28.5      (1) receives an application alleging that the arrested 
 28.6   person has violated the conditions of release; and 
 28.7      (2) finds that probable cause exists to believe that the 
 28.8   conditions of release have been violated. 
 28.9      Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 28.10  (a) Immediately after issuance of a citation in lieu of 
 28.11  continued detention under subdivision 1, or the entry of an 
 28.12  order for release under subdivision 2, but before the arrested 
 28.13  person is released, the agency having custody of the arrested 
 28.14  person or its designee must make a reasonable and good faith 
 28.15  effort to inform orally the alleged victim, local law 
 28.16  enforcement agencies known to be involved in the case, if 
 28.17  different from the agency having custody, and, at the victim's 
 28.18  request any local battered women's and domestic abuse programs 
 28.19  established under section 611A.32 or sexual assault programs of: 
 28.20     (1) the conditions of release, if any; 
 28.21     (2) the time of release; 
 28.22     (3) the time, date, and place of the next scheduled court 
 28.23  appearance of the arrested person and the victim's right to be 
 28.24  present at the court appearance; and 
 28.25     (4) if the arrested person is charged with domestic abuse, 
 28.26  the location and telephone number of the area battered women's 
 28.27  shelter as designated by the department of corrections. 
 28.28     (b) As soon as practicable after an order for conditional 
 28.29  release is entered, the agency having custody of the arrested 
 28.30  person or its designee must personally deliver or mail to the 
 28.31  alleged victim a copy of the written order and written notice of 
 28.32  the information in paragraph (a), clauses (2) and (3). 
 28.33     Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
 28.34  person arrested for or a juvenile detained for domestic assault 
 28.35  or harassment is scheduled to be reviewed under subdivision 2 
 28.36  for release from pretrial detention, the court shall make a 
 29.1   reasonable good faith effort to notify:  (1) the victim of the 
 29.2   alleged crime; (2) if the victim is incapacitated or deceased, 
 29.3   the victim's family; and (3) if the victim is a minor, the 
 29.4   victim's parent or guardian.  The notification must include: 
 29.5      (a) the date and approximate time of the review; 
 29.6      (b) the location where the review will occur; 
 29.7      (c) the name and telephone number of a person that can be 
 29.8   contacted for additional information; and 
 29.9      (d) a statement that the victim and the victim's family may 
 29.10  attend the review. 
 29.11     Sec. 21.  [EFFECTIVE DATE.] 
 29.12     This act is effective July 1, 2001.  The criminal 
 29.13  provisions apply to offenses committed on or after that date.