Bill Text: MN SF1423 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Domestic abuse order for protection violation and no contact order prosecution venue clarification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-02 - HF substituted on General Orders HF1400 [SF1423 Detail]
Download: Minnesota-2013-SF1423-Engrossed.html
1.2relating to public safety; modifying certain provisions regarding domestic
1.3abuse;amending Minnesota Statutes 2012, sections 518B.01, subdivision 14, by
1.4adding a subdivision; 609.2242, subdivision 2; 609.748, subdivision 6; 629.75,
1.5subdivision 2, by adding a subdivision; 634.20.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 518B.01, subdivision 14, is amended to
1.8read:
1.9 Subd. 14. Violation of an order for protection. (a) A person who violates an
1.10order for protection issued by a judge or referee is subject to the penalties provided
1.11in paragraphs (b) to (d).
1.12(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
1.13protection is granted by a judge or referee or pursuant to a similar law of another state,
1.14the United States, the District of Columbia, tribal lands, or United States territories, and
1.15the respondent or person to be restrained knows of the existence of the order, violation of
1.16the order for protection is a misdemeanor. Upon a misdemeanor conviction under this
1.17paragraph, the defendant must be sentenced to a minimum of three days imprisonment and
1.18must be ordered to participate in counseling or other appropriate programs selected by
1.19the court. If the court stays imposition or execution of the jail sentence and the defendant
1.20refuses or fails to comply with the court's treatment order, the court must impose and
1.21execute the stayed jail sentence. A violation of an order for protection shall also constitute
1.22contempt of court and be subject to the penalties provided in chapter 588.
1.23(c) A person is guilty of a gross misdemeanor whoknowingly violates this
1.24subdivision within ten years of a previous qualified domestic violence-related offense
1.25conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
2.1this paragraph, the defendant must be sentenced to a minimum of ten days imprisonment
2.2and must be ordered to participate in counseling or other appropriate programs selected
2.3by the court. Notwithstanding section 609.135, the court must impose and execute the
2.4minimum sentence provided in this paragraph for gross misdemeanor convictions.
2.5(d) A person is guilty of a felony and may be sentenced to imprisonment for not
2.6more than five years or to payment of a fine of not more than $10,000, or both, if the
2.7personknowingly violates this subdivision:
2.8(1) within ten years of the first of two or more previous qualified domestic
2.9violence-related offense convictions or adjudications of delinquency; or
2.10(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
2.11Upon a felony conviction under this paragraph in which the court stays imposition or
2.12execution of sentence, the court shall impose at least a 30-day period of incarceration
2.13as a condition of probation. The court also shall order that the defendant participate in
2.14counseling or other appropriate programs selected by the court. Notwithstanding section
2.15609.135, the court must impose and execute the minimum sentence provided in this
2.16paragraph for felony convictions.
2.17(e) A peace officer shall arrest without a warrant and take into custody a person whom
2.18the peace officer has probable cause to believe has violated an order granted pursuant to
2.19this section or a similar law of another state, the United States, the District of Columbia,
2.20tribal lands, or United States territories restraining the person or excluding the person from
2.21the residence or the petitioner's place of employment, even if the violation of the order
2.22did not take place in the presence of the peace officer, if the existence of the order can be
2.23verified by the officer. The probable cause required under this paragraph includes probable
2.24cause that the person knows of the existence of the order. If the order has not been served,
2.25the officer shall immediately serve the order whenever reasonably safe and possible to
2.26do so. An order for purposes of this subdivision, includes the short form order described
2.27in subdivision 8a. When the order is first served upon the person at a location at which,
2.28under the terms of the order, the person's presence constitutes a violation, the person shall
2.29not be arrested for violation of the order without first being given a reasonable opportunity
2.30to leave the location in the presence of the peace officer. A person arrested under this
2.31paragraph shall be held in custody for at least 36 hours, excluding the day of arrest,
2.32Sundays, and holidays, unless the person is released earlier by a judge or judicial officer.
2.33A peace officer acting in good faith and exercising due care in making an arrest pursuant
2.34to this paragraph is immune from civil liability that might result from the officer's actions.
2.35(f) If the court finds that the respondent has violated an order for protection and
2.36that there is reason to believe that the respondent will commit a further violation of the
3.1provisions of the order restraining the respondent from committing acts of domestic abuse
3.2or excluding the respondent from the petitioner's residence, the court may require the
3.3respondent to acknowledge an obligation to comply with the order on the record. The court
3.4may require a bond sufficient to deter the respondent from committing further violations
3.5of the order for protection, considering the financial resources of the respondent, and not
3.6to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the
3.7obligation or post a bond under this paragraph, the court shall commit the respondent to
3.8the county jail during the term of the order for protection or until the respondent complies
3.9with the order under this paragraph. The warrant must state the cause of commitment,
3.10with the sum and time for which any bond is required. If an order is issued under this
3.11paragraph, the court may order the costs of the contempt action, or any part of them, to be
3.12paid by the respondent. An order under this paragraph is appealable.
3.13(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
3.14party designated by the court, alleging that the respondent has violated any order for
3.15protection granted pursuant to this section or a similar law of another state, the United
3.16States, the District of Columbia, tribal lands, or United States territories, the court may
3.17issue an order to the respondent, requiring the respondent to appear and show cause within
3.1814 days why the respondent should not be found in contempt of court and punished
3.19therefor. The hearing may be held by the court in any county in which the petitioner or
3.20respondent temporarily or permanently resides at the time of the alleged violation, or in
3.21the county in which the alleged violation occurred, if the petitioner and respondent do not
3.22reside in this state. The court also shall refer the violation of the order for protection to the
3.23appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
3.24(h) If it is alleged that the respondent has violated an order for protection issued under
3.25subdivision 6 or a similar law of another state, the United States, the District of Columbia,
3.26tribal lands, or United States territories, and the court finds that the order has expired
3.27between the time of the alleged violation and the court's hearing on the violation, the court
3.28may grant a new order for protection under subdivision 6 based solely on the respondent's
3.29alleged violation of the prior order, to be effective until the hearing on the alleged violation
3.30of the prior order. If the court finds that the respondent has violated the prior order, the
3.31relief granted in the new order for protection shall be extended for a fixed period, not to
3.32exceed one year, except when the court determines a longer fixed period is appropriate.
3.33(i) The admittance into petitioner's dwelling of an abusing party excluded from the
3.34dwelling under an order for protection is not a violation by the petitioner of the order
3.35for protection.
4.1A peace officer is not liable under section 609.43, clause (1), for a failure to perform
4.2a duty required by paragraph (e).
4.3(j) When a person is convicted under paragraph (b) or (c) of violating an order for
4.4protection and the court determines that the person used a firearm in any way during
4.5commission of the violation, the court may order that the person is prohibited from
4.6possessing any type of firearm for any period longer than three years or for the remainder
4.7of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
4.8At the time of the conviction, the court shall inform the defendant whether and for
4.9how long the defendant is prohibited from possessing a firearm and that it is a gross
4.10misdemeanor to violate this paragraph. The failure of the court to provide this information
4.11to a defendant does not affect the applicability of the firearm possession prohibition or the
4.12gross misdemeanor penalty to that defendant.
4.13(k) Except as otherwise provided in paragraph (j), when a person is convicted under
4.14paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant
4.15that the defendant is prohibited from possessing a pistol for three years from the date of
4.16conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
4.17of the court to provide this information to a defendant does not affect the applicability of
4.18the pistol possession prohibition or the gross misdemeanor penalty to that defendant.
4.19(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a
4.20pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996,
4.21of violating an order for protection, unless three years have elapsed from the date of
4.22conviction and, during that time, the person has not been convicted of any other violation
4.23of this section. Property rights may not be abated but access may be restricted by the
4.24courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross
4.25misdemeanor.
4.26(m) If the court determines that a person convicted under paragraph (b) or (c) of
4.27violating an order for protection owns or possesses a firearm and used it in any way during
4.28the commission of the violation, it shall order that the firearm be summarily forfeited
4.29under section 609.5316, subdivision 3.
4.30 Sec. 2. Minnesota Statutes 2012, section 518B.01, is amended by adding a subdivision
4.31to read:
4.32 Subd. 14a. Venue. A person may be prosecuted under subdivision 14 at the place
4.33where any call is made or received or, in the case of wireless or electronic communication
4.34or any communication made through any available technologies, where the actor or victim
5.1resides, or in the jurisdiction of the victim's designated address if the victim participates in
5.2the address confidentiality program established under chapter 5B.
5.3 Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 2, is amended to read:
5.4 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years
5.5of a previous qualified domestic violence-related offense conviction or an adjudication
5.6of delinquencyagainst a family or household member as defined in section
518B.01,
5.7subdivision 2
, is guilty of a gross misdemeanor and may be sentenced to imprisonment for
5.8not more than one year or to payment of a fine of not more than $3,000, or both.
5.9 Sec. 4. Minnesota Statutes 2012, section 609.748, subdivision 6, is amended to read:
5.10 Subd. 6. Violation of restraining order. (a) A person who violates a restraining
5.11order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
5.12(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
5.13restraining order or a restraining order is granted under this section and the respondent
5.14knows of the order, violation of the order is a misdemeanor.
5.15(c) A person is guilty of a gross misdemeanor whoknowingly violates the order
5.16within ten years of a previous qualified domestic violence-related offense conviction
5.17or adjudication of delinquency.
5.18(d) A person is guilty of a felony and may be sentenced to imprisonment for not
5.19more than five years or to payment of a fine of not more than $10,000, or both, if the
5.20personknowingly violates the order:
5.21(1) within ten years of the first of two or more previous qualified domestic
5.22violence-related offense convictions or adjudications of delinquency;
5.23(2) because of the victim's or another's actual or perceived race, color, religion, sex,
5.24sexual orientation, disability as defined in section363A.03 , age, or national origin;
5.25(3) by falsely impersonating another;
5.26(4) while possessing a dangerous weapon;
5.27(5) with an intent to influence or otherwise tamper with a juror or a judicial
5.28proceeding or with intent to retaliate against a judicial officer, as defined in section
5.29609.415
, or a prosecutor, defense attorney, or officer of the court, because of that person's
5.30performance of official duties in connection with a judicial proceeding; or
5.31(6) against a victim under the age of 18, if the respondent is more than 36 months
5.32older than the victim.
5.33(e) A person who commits violations in two or more counties may be prosecuted in
5.34any county in which one of the acts was committed for all acts in violation of this section.
6.1(f) A person may be prosecuted at the place where any call is made or received or, in
6.2the case of wireless or electronic communication or any communication made through
6.3any available technologies, where the actor or victim resides, or in the jurisdiction of
6.4the victim's designated address if the victim participates in the address confidentiality
6.5program established under chapter 5B.
6.6(g) A peace officer shall arrest without a warrant and take into custody a person
6.7whom the peace officer has probable cause to believe has violated an order issued under
6.8subdivision 4 or 5 if the existence of the order can be verified by the officer.
6.9(h) A violation of a temporary restraining order or restraining order shall also
6.10constitute contempt of court.
6.11(i) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
6.12party designated by the court, alleging that the respondent has violated an order issued
6.13under subdivision 4 or 5, the court may issue an order to the respondent requiring the
6.14respondent to appear within 14 days and show cause why the respondent should not be
6.15held in contempt of court. The court also shall refer the violation of the order to the
6.16appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
6.17 Sec. 5. Minnesota Statutes 2012, section 629.75, subdivision 2, is amended to read:
6.18 Subd. 2. Criminal penalties. (a) As used in this subdivision "qualified domestic
6.19violence-related offense" has the meaning given in section609.02, subdivision 16 .
6.20(b) Except as otherwise provided in paragraphs (c) and (d), a person who knows of
6.21the existence of a domestic abuse no contact order issued against the person and violates
6.22the order is guilty of a misdemeanor.
6.23 (c) A person is guilty of a gross misdemeanor whoknowingly violates this
6.24subdivision within ten years of a previous qualified domestic violence-related offense
6.25conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
6.26this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
6.27and must be ordered to participate in counseling or other appropriate programs selected
6.28by the court as provided in section518B.02 . Notwithstanding section
609.135 , the court
6.29must impose and execute the minimum sentence provided in this paragraph for gross
6.30misdemeanor convictions.
6.31 (d) A person is guilty of a felony and may be sentenced to imprisonment for not
6.32more than five years or to payment of a fine of not more than $10,000, or both, if the
6.33personknowingly violates this subdivision:
6.34(1) within ten years of the first of two or more previous qualified domestic
6.35violence-related offense convictions or adjudications of delinquency; or
7.1(2) while possessing a dangerous weapon, as defined in section609.02, subdivision
7.26 . Upon a felony conviction under this paragraph in which the court stays imposition or
7.3execution of sentence, the court shall impose at least a 30-day period of incarceration
7.4as a condition of probation. The court also shall order that the defendant participate in
7.5counseling or other appropriate programs selected by the court. Notwithstanding section
7.6609.135
, the court must impose and execute the minimum sentence provided in this
7.7paragraph for felony convictions.
7.8 Sec. 6. Minnesota Statutes 2012, section 629.75, is amended by adding a subdivision
7.9to read:
7.10 Subd. 2a. Venue. A person may be prosecuted under subdivision 2 at the place
7.11where any call is made or received or, in the case of wireless or electronic communication
7.12or any communication made through any available technologies, where the actor or victim
7.13resides, or in the jurisdiction of the victim's designated address if the victim participates in
7.14the address confidentiality program established under chapter 5B.
7.15 Sec. 7. Minnesota Statutes 2012, section 634.20, is amended to read:
7.16634.20 EVIDENCE OF CONDUCT.
7.17Evidence ofsimilar domestic conduct by the accused against the victim of domestic
7.18abuse conduct, or against other family or household members, is admissible unless the
7.19probative value is substantially outweighed by the danger of unfair prejudice, confusion of
7.20the issue, or misleading the jury, or by considerations of undue delay, waste of time, or
7.21needless presentation of cumulative evidence. "Similar Domestic conduct" includes, but
7.22is not limited to, evidence of domestic abuse, violation of an order for protection under
7.23section518B.01 ; violation of a harassment restraining order under section
609.748 ; or
7.24violation of section609.749 or
609.79, subdivision 1 . "Domestic abuse" and "family or
7.25household members" have the meanings given under section518B.01, subdivision 2 .
1.3abuse;amending Minnesota Statutes 2012, sections 518B.01, subdivision 14, by
1.4adding a subdivision; 609.2242, subdivision 2; 609.748, subdivision 6; 629.75,
1.5subdivision 2, by adding a subdivision; 634.20.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 518B.01, subdivision 14, is amended to
1.8read:
1.9 Subd. 14. Violation of an order for protection. (a) A person who violates an
1.10order for protection issued by a judge or referee is subject to the penalties provided
1.11in paragraphs (b) to (d).
1.12(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
1.13protection is granted by a judge or referee or pursuant to a similar law of another state,
1.14the United States, the District of Columbia, tribal lands, or United States territories, and
1.15the respondent or person to be restrained knows of the existence of the order, violation of
1.16the order for protection is a misdemeanor. Upon a misdemeanor conviction under this
1.17paragraph, the defendant must be sentenced to a minimum of three days imprisonment and
1.18must be ordered to participate in counseling or other appropriate programs selected by
1.19the court. If the court stays imposition or execution of the jail sentence and the defendant
1.20refuses or fails to comply with the court's treatment order, the court must impose and
1.21execute the stayed jail sentence. A violation of an order for protection shall also constitute
1.22contempt of court and be subject to the penalties provided in chapter 588.
1.23(c) A person is guilty of a gross misdemeanor who
1.24subdivision within ten years of a previous qualified domestic violence-related offense
1.25conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
2.1this paragraph, the defendant must be sentenced to a minimum of ten days imprisonment
2.2and must be ordered to participate in counseling or other appropriate programs selected
2.3by the court. Notwithstanding section 609.135, the court must impose and execute the
2.4minimum sentence provided in this paragraph for gross misdemeanor convictions.
2.5(d) A person is guilty of a felony and may be sentenced to imprisonment for not
2.6more than five years or to payment of a fine of not more than $10,000, or both, if the
2.7person
2.8(1) within ten years of the first of two or more previous qualified domestic
2.9violence-related offense convictions or adjudications of delinquency; or
2.10(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
2.11Upon a felony conviction under this paragraph in which the court stays imposition or
2.12execution of sentence, the court shall impose at least a 30-day period of incarceration
2.13as a condition of probation. The court also shall order that the defendant participate in
2.14counseling or other appropriate programs selected by the court. Notwithstanding section
2.15609.135, the court must impose and execute the minimum sentence provided in this
2.16paragraph for felony convictions.
2.17(e) A peace officer shall arrest without a warrant and take into custody a person whom
2.18the peace officer has probable cause to believe has violated an order granted pursuant to
2.19this section or a similar law of another state, the United States, the District of Columbia,
2.20tribal lands, or United States territories restraining the person or excluding the person from
2.21the residence or the petitioner's place of employment, even if the violation of the order
2.22did not take place in the presence of the peace officer, if the existence of the order can be
2.23verified by the officer. The probable cause required under this paragraph includes probable
2.24cause that the person knows of the existence of the order. If the order has not been served,
2.25the officer shall immediately serve the order whenever reasonably safe and possible to
2.26do so. An order for purposes of this subdivision, includes the short form order described
2.27in subdivision 8a. When the order is first served upon the person at a location at which,
2.28under the terms of the order, the person's presence constitutes a violation, the person shall
2.29not be arrested for violation of the order without first being given a reasonable opportunity
2.30to leave the location in the presence of the peace officer. A person arrested under this
2.31paragraph shall be held in custody for at least 36 hours, excluding the day of arrest,
2.32Sundays, and holidays, unless the person is released earlier by a judge or judicial officer.
2.33A peace officer acting in good faith and exercising due care in making an arrest pursuant
2.34to this paragraph is immune from civil liability that might result from the officer's actions.
2.35(f) If the court finds that the respondent has violated an order for protection and
2.36that there is reason to believe that the respondent will commit a further violation of the
3.1provisions of the order restraining the respondent from committing acts of domestic abuse
3.2or excluding the respondent from the petitioner's residence, the court may require the
3.3respondent to acknowledge an obligation to comply with the order on the record. The court
3.4may require a bond sufficient to deter the respondent from committing further violations
3.5of the order for protection, considering the financial resources of the respondent, and not
3.6to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the
3.7obligation or post a bond under this paragraph, the court shall commit the respondent to
3.8the county jail during the term of the order for protection or until the respondent complies
3.9with the order under this paragraph. The warrant must state the cause of commitment,
3.10with the sum and time for which any bond is required. If an order is issued under this
3.11paragraph, the court may order the costs of the contempt action, or any part of them, to be
3.12paid by the respondent. An order under this paragraph is appealable.
3.13(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
3.14party designated by the court, alleging that the respondent has violated any order for
3.15protection granted pursuant to this section or a similar law of another state, the United
3.16States, the District of Columbia, tribal lands, or United States territories, the court may
3.17issue an order to the respondent, requiring the respondent to appear and show cause within
3.1814 days why the respondent should not be found in contempt of court and punished
3.19therefor. The hearing may be held by the court in any county in which the petitioner or
3.20respondent temporarily or permanently resides at the time of the alleged violation, or in
3.21the county in which the alleged violation occurred, if the petitioner and respondent do not
3.22reside in this state. The court also shall refer the violation of the order for protection to the
3.23appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
3.24(h) If it is alleged that the respondent has violated an order for protection issued under
3.25subdivision 6 or a similar law of another state, the United States, the District of Columbia,
3.26tribal lands, or United States territories, and the court finds that the order has expired
3.27between the time of the alleged violation and the court's hearing on the violation, the court
3.28may grant a new order for protection under subdivision 6 based solely on the respondent's
3.29alleged violation of the prior order, to be effective until the hearing on the alleged violation
3.30of the prior order. If the court finds that the respondent has violated the prior order, the
3.31relief granted in the new order for protection shall be extended for a fixed period, not to
3.32exceed one year, except when the court determines a longer fixed period is appropriate.
3.33(i) The admittance into petitioner's dwelling of an abusing party excluded from the
3.34dwelling under an order for protection is not a violation by the petitioner of the order
3.35for protection.
4.1A peace officer is not liable under section 609.43, clause (1), for a failure to perform
4.2a duty required by paragraph (e).
4.3(j) When a person is convicted under paragraph (b) or (c) of violating an order for
4.4protection and the court determines that the person used a firearm in any way during
4.5commission of the violation, the court may order that the person is prohibited from
4.6possessing any type of firearm for any period longer than three years or for the remainder
4.7of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
4.8At the time of the conviction, the court shall inform the defendant whether and for
4.9how long the defendant is prohibited from possessing a firearm and that it is a gross
4.10misdemeanor to violate this paragraph. The failure of the court to provide this information
4.11to a defendant does not affect the applicability of the firearm possession prohibition or the
4.12gross misdemeanor penalty to that defendant.
4.13(k) Except as otherwise provided in paragraph (j), when a person is convicted under
4.14paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant
4.15that the defendant is prohibited from possessing a pistol for three years from the date of
4.16conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
4.17of the court to provide this information to a defendant does not affect the applicability of
4.18the pistol possession prohibition or the gross misdemeanor penalty to that defendant.
4.19(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a
4.20pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996,
4.21of violating an order for protection, unless three years have elapsed from the date of
4.22conviction and, during that time, the person has not been convicted of any other violation
4.23of this section. Property rights may not be abated but access may be restricted by the
4.24courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross
4.25misdemeanor.
4.26(m) If the court determines that a person convicted under paragraph (b) or (c) of
4.27violating an order for protection owns or possesses a firearm and used it in any way during
4.28the commission of the violation, it shall order that the firearm be summarily forfeited
4.29under section 609.5316, subdivision 3.
4.30 Sec. 2. Minnesota Statutes 2012, section 518B.01, is amended by adding a subdivision
4.31to read:
4.32 Subd. 14a. Venue. A person may be prosecuted under subdivision 14 at the place
4.33where any call is made or received or, in the case of wireless or electronic communication
4.34or any communication made through any available technologies, where the actor or victim
5.1resides, or in the jurisdiction of the victim's designated address if the victim participates in
5.2the address confidentiality program established under chapter 5B.
5.3 Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 2, is amended to read:
5.4 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years
5.5of a previous qualified domestic violence-related offense conviction or an adjudication
5.6of delinquency
5.7
5.8not more than one year or to payment of a fine of not more than $3,000, or both.
5.9 Sec. 4. Minnesota Statutes 2012, section 609.748, subdivision 6, is amended to read:
5.10 Subd. 6. Violation of restraining order. (a) A person who violates a restraining
5.11order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
5.12(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
5.13restraining order or a restraining order is granted under this section and the respondent
5.14knows of the order, violation of the order is a misdemeanor.
5.15(c) A person is guilty of a gross misdemeanor who
5.16within ten years of a previous qualified domestic violence-related offense conviction
5.17or adjudication of delinquency.
5.18(d) A person is guilty of a felony and may be sentenced to imprisonment for not
5.19more than five years or to payment of a fine of not more than $10,000, or both, if the
5.20person
5.21(1) within ten years of the first of two or more previous qualified domestic
5.22violence-related offense convictions or adjudications of delinquency;
5.23(2) because of the victim's or another's actual or perceived race, color, religion, sex,
5.24sexual orientation, disability as defined in section
5.25(3) by falsely impersonating another;
5.26(4) while possessing a dangerous weapon;
5.27(5) with an intent to influence or otherwise tamper with a juror or a judicial
5.28proceeding or with intent to retaliate against a judicial officer, as defined in section
5.30performance of official duties in connection with a judicial proceeding; or
5.31(6) against a victim under the age of 18, if the respondent is more than 36 months
5.32older than the victim.
5.33(e) A person who commits violations in two or more counties may be prosecuted in
5.34any county in which one of the acts was committed for all acts in violation of this section.
6.1(f) A person may be prosecuted at the place where any call is made or received or, in
6.2the case of wireless or electronic communication or any communication made through
6.3any available technologies, where the actor or victim resides, or in the jurisdiction of
6.4the victim's designated address if the victim participates in the address confidentiality
6.5program established under chapter 5B.
6.6(g) A peace officer shall arrest without a warrant and take into custody a person
6.7whom the peace officer has probable cause to believe has violated an order issued under
6.8subdivision 4 or 5 if the existence of the order can be verified by the officer.
6.9(h) A violation of a temporary restraining order or restraining order shall also
6.10constitute contempt of court.
6.11(i) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
6.12party designated by the court, alleging that the respondent has violated an order issued
6.13under subdivision 4 or 5, the court may issue an order to the respondent requiring the
6.14respondent to appear within 14 days and show cause why the respondent should not be
6.15held in contempt of court. The court also shall refer the violation of the order to the
6.16appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
6.17 Sec. 5. Minnesota Statutes 2012, section 629.75, subdivision 2, is amended to read:
6.18 Subd. 2. Criminal penalties. (a) As used in this subdivision "qualified domestic
6.19violence-related offense" has the meaning given in section
6.20(b) Except as otherwise provided in paragraphs (c) and (d), a person who knows of
6.21the existence of a domestic abuse no contact order issued against the person and violates
6.22the order is guilty of a misdemeanor.
6.23 (c) A person is guilty of a gross misdemeanor who
6.24subdivision within ten years of a previous qualified domestic violence-related offense
6.25conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
6.26this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
6.27and must be ordered to participate in counseling or other appropriate programs selected
6.28by the court as provided in section
6.29must impose and execute the minimum sentence provided in this paragraph for gross
6.30misdemeanor convictions.
6.31 (d) A person is guilty of a felony and may be sentenced to imprisonment for not
6.32more than five years or to payment of a fine of not more than $10,000, or both, if the
6.33person
6.34(1) within ten years of the first of two or more previous qualified domestic
6.35violence-related offense convictions or adjudications of delinquency; or
7.1(2) while possessing a dangerous weapon, as defined in section
7.26
7.3execution of sentence, the court shall impose at least a 30-day period of incarceration
7.4as a condition of probation. The court also shall order that the defendant participate in
7.5counseling or other appropriate programs selected by the court. Notwithstanding section
7.7paragraph for felony convictions.
7.8 Sec. 6. Minnesota Statutes 2012, section 629.75, is amended by adding a subdivision
7.9to read:
7.10 Subd. 2a. Venue. A person may be prosecuted under subdivision 2 at the place
7.11where any call is made or received or, in the case of wireless or electronic communication
7.12or any communication made through any available technologies, where the actor or victim
7.13resides, or in the jurisdiction of the victim's designated address if the victim participates in
7.14the address confidentiality program established under chapter 5B.
7.15 Sec. 7. Minnesota Statutes 2012, section 634.20, is amended to read:
7.16634.20 EVIDENCE OF CONDUCT.
7.17Evidence of
7.18
7.19probative value is substantially outweighed by the danger of unfair prejudice, confusion of
7.20the issue, or misleading the jury, or by considerations of undue delay, waste of time, or
7.21needless presentation of cumulative evidence. "
7.22is not limited to, evidence of domestic abuse, violation of an order for protection under
7.23section
7.24violation of section
7.25household members" have the meanings given under section
