Bill Text: MN HF738 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public notice provided for the release hearing for killers of peace officers, and harassment restraining order provisions modified.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2012-04-24 - Secretary of State Chapter 218 04/23/12 [HF738 Detail]
Download: Minnesota-2011-HF738-Engrossed.html
Bill Title: Public notice provided for the release hearing for killers of peace officers, and harassment restraining order provisions modified.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2012-04-24 - Secretary of State Chapter 218 04/23/12 [HF738 Detail]
Download: Minnesota-2011-HF738-Engrossed.html
1.2relating to public safety; modifying certain harassment restraining order
1.3provisions;amending Minnesota Statutes 2010, section 609.748, subdivisions 4,
1.45, 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.748, subdivision 4, is amended to read:
1.7 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
1.8temporary restraining orderordering that provides any or all of the following:
1.9(1) orders the respondent to cease or avoid the harassment of another personor to; or
1.10(2) orders the respondent to have no contact withthat another person.
1.11(b) The court may issue an order under paragraph (a) if the petitioner files a petition
1.12in compliance with subdivision 3 and if the court finds reasonable grounds to believe that
1.13the respondent has engaged in harassment. When a petition alleges harassment as defined
1.14by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
1.15and present danger of harassment before the court may issue a temporary restraining order
1.16under this section. When signed by a referee, the temporary order becomes effective
1.17upon the referee's signature.
1.18(b) (c) Notice need not be given to the respondent before the court issues a temporary
1.19restraining order under this subdivision. A copy of the restraining order must be served on
1.20the respondent along with the order for hearing and petition, as provided in subdivision 3.
1.21If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
1.22with notice of the pendency of the case and the time and place of the hearing, shall also
1.23be served by mail at the last known address upon any parent or guardian of the juvenile
2.1respondent who is not the petitioner. A temporary restraining order may be entered only
2.2against the respondent named in the petition.
2.3(c) (d) The temporary restraining order is in effect until a hearing is held on the
2.4issuance of a restraining order under subdivision 5. The court shall hold the hearing on
2.5the issuance of a restraining order if the petitioner requests a hearing. The hearing may
2.6be continued by the court upon a showing that the respondent has not been served with a
2.7copy of the temporary restraining order despite the exercise of due diligence or if service
2.8is made by published notice under subdivision 3 and the petitioner files the affidavit
2.9required under that subdivision.
2.10(d) (e) If the temporary restraining order has been issued and the respondent requests
2.11a hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
2.12request. Service of the notice of hearing must be made upon the petitioner not less than
2.13five days prior to the hearing. The court shall serve the notice of the hearing upon the
2.14petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings
2.15subsequent to a complaint and motions and shall also mail notice of the date and time of
2.16the hearing to the respondent. In the event that service cannot be completed in time to
2.17give the respondent or petitioner the minimum notice required under this subdivision, the
2.18court may set a new hearing date.
2.19(e) (f) A request for a hearing under this subdivision must be made within 45 days
2.20after the temporary restraining order is issued.
2.21 Sec. 2. Minnesota Statutes 2010, section 609.748, subdivision 5, is amended to read:
2.22 Subd. 5. Restraining order. (a) The court maygrant issue a temporary restraining
2.23orderordering that provides any or all of the following:
2.24(1) orders the respondent to cease or avoid the harassment of another personor to; or
2.25(2) orders the respondent to have no contact withthat another person.
2.26(b) The court may issue an order under paragraph (a) if all of the following occur:
2.27 (1) the petitioner has filed a petition under subdivision 3;
2.28 (2) the sheriff has served respondent with a copy of the temporary restraining order
2.29obtained under subdivision 4, and with notice of the right to request a hearing, or service
2.30has been made by publication under subdivision 3, paragraph (b); and
2.31 (3) the court finds at the hearing that there are reasonable grounds to believe that
2.32the respondent has engaged in harassment.
2.33A restraining order may be issued only against the respondent named in the petition;
2.34except that if the respondent is an organization, the order may be issued against and
2.35apply to all of the members of the organization. If the court finds that the petitioner has
3.1had two or more previous restraining orders in effect against the same respondent or the
3.2respondent has violated a prior or existing restraining order on two or more occasions,
3.3relief granted by the restraining order may be for a period of up to 50 years. In all other
3.4cases, relief granted by the restraining order must be for a fixed period of not more than
3.5two years. When a referee presides at the hearing on the petition, the restraining order
3.6becomes effective upon the referee's signature.
3.7(b) (c) An order issued under this subdivision must be personally served upon the
3.8respondent.
3.9(c) (d) If the court orders relief for a period of up to 50 years under paragraph (a),
3.10the respondent named in the restraining order may request to have the restraining order
3.11vacated or modified if the order has been in effect for at least five years and the respondent
3.12has not violated the order. Application for relief under this paragraph must be made in the
3.13county in which the restraining order was issued. Upon receipt of the request, the court
3.14shall set a hearing date. Personal service must be made upon the petitioner named in the
3.15restraining order not less than 30 days before the date of the hearing. At the hearing, the
3.16respondent named in the restraining order has the burden of proving by a preponderance
3.17of the evidence that there has been a material change in circumstances and that the reasons
3.18upon which the court relied in granting the restraining order no longer apply and are
3.19unlikely to occur. If the court finds that the respondent named in the restraining order has
3.20met the burden of proof, the court may vacate or modify the order. If the court finds that the
3.21respondent named in the restraining order has not met the burden of proof, the court shall
3.22deny the request and no request may be made to vacate or modify the restraining order
3.23until five years have elapsed from the date of denial. An order vacated or modified under
3.24this paragraph must be personally served on the petitioner named in the restraining order.
3.25 Sec. 3. Minnesota Statutes 2010, section 609.748, subdivision 6, is amended to read:
3.26 Subd. 6. Violation of restraining order. (a) A person who violates a restraining
3.27order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
3.28(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
3.29restraining order or a restraining order is granted under this section and the respondent
3.30knows of the order, violation of the order is a misdemeanor.
3.31(c) A person is guilty of a gross misdemeanor who knowingly violates the order
3.32within ten years of a previous qualified domestic violence-related offense conviction
3.33or adjudication of delinquency.
4.1(d) A person is guilty of a felony and may be sentenced to imprisonment for not
4.2more than five years or to payment of a fine of not more than $10,000, or both, if the
4.3person knowingly violates the order:
4.4(1) within ten years of the first of two or more previous qualified domestic
4.5violence-related offense convictions or adjudications of delinquency;
4.6(2) because of the victim's or another's actual or perceived race, color, religion, sex,
4.7sexual orientation, disability as defined in section363A.03 , age, or national origin;
4.8(3) by falsely impersonating another;
4.9(4) while possessing a dangerous weapon;
4.10(5) with an intent to influence or otherwise tamper with a juror or a judicial
4.11proceeding or with intent to retaliate against a judicial officer, as defined in section
4.12609.415
, or a prosecutor, defense attorney, or officer of the court, because of that person's
4.13performance of official duties in connection with a judicial proceeding; or
4.14(6) against a victim under the age of 18, if the respondent is more than 36 months
4.15older than the victim.
4.16(e) A person who commits violations in two or more counties may be prosecuted in
4.17any county in which one of the acts was committed for all acts in violation of this section.
4.18(f) A person may be prosecuted at the place where any call is made or received or, in
4.19the case of wireless or electronic communication or any communication made through
4.20any available technologies, where the actor or victim resides, or in the jurisdiction of
4.21the victim's designated address if the victim participates in the address confidentiality
4.22program established under chapter 5B.
4.23(g) A peace officer shall arrest without a warrant and take into custody a person
4.24whom the peace officer has probable cause to believe has violated an order issued under
4.25subdivision 4 or 5 if the existence of the order can be verified by the officer.
4.26(f) (h) A violation of a temporary restraining order or restraining order shall also
4.27constitute contempt of court.
4.28(g) (i) Upon the filing of an affidavit by the petitioner, any peace officer, or an
4.29interested party designated by the court, alleging that the respondent has violated an order
4.30issued under subdivision 4 or 5, the court may issue an order to the respondent requiring
4.31the respondent to appear within 14 days and show cause why the respondent should not
4.32be held in contempt of court. The court also shall refer the violation of the order to the
4.33appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
1.3provisions;amending Minnesota Statutes 2010, section 609.748, subdivisions 4,
1.45, 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.748, subdivision 4, is amended to read:
1.7 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
1.8temporary restraining order
1.9(1) orders the respondent to cease or avoid the harassment of another person
1.10(2) orders the respondent to have no contact with
1.11(b) The court may issue an order under paragraph (a) if the petitioner files a petition
1.12in compliance with subdivision 3 and if the court finds reasonable grounds to believe that
1.13the respondent has engaged in harassment. When a petition alleges harassment as defined
1.14by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
1.15and present danger of harassment before the court may issue a temporary restraining order
1.16under this section. When signed by a referee, the temporary order becomes effective
1.17upon the referee's signature.
1.18
1.19restraining order under this subdivision. A copy of the restraining order must be served on
1.20the respondent along with the order for hearing and petition, as provided in subdivision 3.
1.21If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
1.22with notice of the pendency of the case and the time and place of the hearing, shall also
1.23be served by mail at the last known address upon any parent or guardian of the juvenile
2.1respondent who is not the petitioner. A temporary restraining order may be entered only
2.2against the respondent named in the petition.
2.3
2.4issuance of a restraining order under subdivision 5. The court shall hold the hearing on
2.5the issuance of a restraining order if the petitioner requests a hearing. The hearing may
2.6be continued by the court upon a showing that the respondent has not been served with a
2.7copy of the temporary restraining order despite the exercise of due diligence or if service
2.8is made by published notice under subdivision 3 and the petitioner files the affidavit
2.9required under that subdivision.
2.10
2.11a hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
2.12request. Service of the notice of hearing must be made upon the petitioner not less than
2.13five days prior to the hearing. The court shall serve the notice of the hearing upon the
2.14petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings
2.15subsequent to a complaint and motions and shall also mail notice of the date and time of
2.16the hearing to the respondent. In the event that service cannot be completed in time to
2.17give the respondent or petitioner the minimum notice required under this subdivision, the
2.18court may set a new hearing date.
2.19
2.20after the temporary restraining order is issued.
2.21 Sec. 2. Minnesota Statutes 2010, section 609.748, subdivision 5, is amended to read:
2.22 Subd. 5. Restraining order. (a) The court may
2.23order
2.24(1) orders the respondent to cease or avoid the harassment of another person
2.25(2) orders the respondent to have no contact with
2.26(b) The court may issue an order under paragraph (a) if all of the following occur:
2.27 (1) the petitioner has filed a petition under subdivision 3;
2.28 (2) the sheriff has served respondent with a copy of the temporary restraining order
2.29obtained under subdivision 4, and with notice of the right to request a hearing, or service
2.30has been made by publication under subdivision 3, paragraph (b); and
2.31 (3) the court finds at the hearing that there are reasonable grounds to believe that
2.32the respondent has engaged in harassment.
2.33A restraining order may be issued only against the respondent named in the petition;
2.34except that if the respondent is an organization, the order may be issued against and
2.35apply to all of the members of the organization. If the court finds that the petitioner has
3.1had two or more previous restraining orders in effect against the same respondent or the
3.2respondent has violated a prior or existing restraining order on two or more occasions,
3.3relief granted by the restraining order may be for a period of up to 50 years. In all other
3.4cases, relief granted by the restraining order must be for a fixed period of not more than
3.5two years. When a referee presides at the hearing on the petition, the restraining order
3.6becomes effective upon the referee's signature.
3.7
3.8respondent.
3.9
3.10the respondent named in the restraining order may request to have the restraining order
3.11vacated or modified if the order has been in effect for at least five years and the respondent
3.12has not violated the order. Application for relief under this paragraph must be made in the
3.13county in which the restraining order was issued. Upon receipt of the request, the court
3.14shall set a hearing date. Personal service must be made upon the petitioner named in the
3.15restraining order not less than 30 days before the date of the hearing. At the hearing, the
3.16respondent named in the restraining order has the burden of proving by a preponderance
3.17of the evidence that there has been a material change in circumstances and that the reasons
3.18upon which the court relied in granting the restraining order no longer apply and are
3.19unlikely to occur. If the court finds that the respondent named in the restraining order has
3.20met the burden of proof, the court may vacate or modify the order. If the court finds that the
3.21respondent named in the restraining order has not met the burden of proof, the court shall
3.22deny the request and no request may be made to vacate or modify the restraining order
3.23until five years have elapsed from the date of denial. An order vacated or modified under
3.24this paragraph must be personally served on the petitioner named in the restraining order.
3.25 Sec. 3. Minnesota Statutes 2010, section 609.748, subdivision 6, is amended to read:
3.26 Subd. 6. Violation of restraining order. (a) A person who violates a restraining
3.27order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
3.28(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
3.29restraining order or a restraining order is granted under this section and the respondent
3.30knows of the order, violation of the order is a misdemeanor.
3.31(c) A person is guilty of a gross misdemeanor who knowingly violates the order
3.32within ten years of a previous qualified domestic violence-related offense conviction
3.33or adjudication of delinquency.
4.1(d) A person is guilty of a felony and may be sentenced to imprisonment for not
4.2more than five years or to payment of a fine of not more than $10,000, or both, if the
4.3person knowingly violates the order:
4.4(1) within ten years of the first of two or more previous qualified domestic
4.5violence-related offense convictions or adjudications of delinquency;
4.6(2) because of the victim's or another's actual or perceived race, color, religion, sex,
4.7sexual orientation, disability as defined in section
4.8(3) by falsely impersonating another;
4.9(4) while possessing a dangerous weapon;
4.10(5) with an intent to influence or otherwise tamper with a juror or a judicial
4.11proceeding or with intent to retaliate against a judicial officer, as defined in section
4.13performance of official duties in connection with a judicial proceeding; or
4.14(6) against a victim under the age of 18, if the respondent is more than 36 months
4.15older than the victim.
4.16(e) A person who commits violations in two or more counties may be prosecuted in
4.17any county in which one of the acts was committed for all acts in violation of this section.
4.18(f) A person may be prosecuted at the place where any call is made or received or, in
4.19the case of wireless or electronic communication or any communication made through
4.20any available technologies, where the actor or victim resides, or in the jurisdiction of
4.21the victim's designated address if the victim participates in the address confidentiality
4.22program established under chapter 5B.
4.23(g) A peace officer shall arrest without a warrant and take into custody a person
4.24whom the peace officer has probable cause to believe has violated an order issued under
4.25subdivision 4 or 5 if the existence of the order can be verified by the officer.
4.26
4.27constitute contempt of court.
4.28
4.29interested party designated by the court, alleging that the respondent has violated an order
4.30issued under subdivision 4 or 5, the court may issue an order to the respondent requiring
4.31the respondent to appear within 14 days and show cause why the respondent should not
4.32be held in contempt of court. The court also shall refer the violation of the order to the
4.33appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
