Bill Text: MN SF2134 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Domestic abuse no contact order as criminal order requirement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-27 - Referred to Judiciary and Public Safety [SF2134 Detail]
Download: Minnesota-2011-SF2134-Introduced.html
1.2relating to public safety; providing for a domestic abuse no contact order as
1.3a criminal order; modifying when proceeding occurs;amending Minnesota
1.4Statutes 2010, section 629.75, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 629.75, subdivision 1, is amended to read:
1.7 Subdivision 1. Establishment; description. (a) A domestic abuse no contact order
1.8isan a criminal order issued by a court against a defendant in a criminal proceeding or a
1.9juvenile offender in a delinquency proceeding for:
1.10 (1) domestic abuse as defined in section518B.01, subdivision 2 ;
1.11 (2) harassment or stalking under section609.749 when committed against a family
1.12or household member as defined in section518B.01, subdivision 2 ;
1.13 (3) violation of an order for protection under section518B.01, subdivision 14 ; or
1.14 (4) violation of a prior domestic abuse no contact order under this section or
1.15Minnesota Statutes 2008, section 518B.01, subdivision 22.
1.16 (b) A domestic abuse no contact order may be issued as a pretrial order before final
1.17disposition of the underlying criminal case or as a postconviction probationary order. A
1.18domestic abuse no contact order is independent of any condition of pretrial release or
1.19probation imposed on the defendant. A domestic abuse no contact order may be issued in
1.20addition to a similar restriction imposed as a condition of pretrial release or probation. In
1.21the context of a postconviction probationary order, a domestic abuse no contact order may
1.22be issued for an offense listed in paragraph (a) or for a conviction for any offense arising
1.23out of the same set of circumstances as an offense listed in paragraph (a).
2.1(c) A no contact order under this section shall be issued in a proceeding that is
2.2separate from but held immediately following a proceeding in which any pretrial release
2.3or sentencing issues are decided.
1.3a criminal order; modifying when proceeding occurs;amending Minnesota
1.4Statutes 2010, section 629.75, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 629.75, subdivision 1, is amended to read:
1.7 Subdivision 1. Establishment; description. (a) A domestic abuse no contact order
1.8is
1.9juvenile offender in a delinquency proceeding for:
1.10 (1) domestic abuse as defined in section
1.11 (2) harassment or stalking under section
1.12or household member as defined in section
1.13 (3) violation of an order for protection under section
1.14 (4) violation of a prior domestic abuse no contact order under this section or
1.15Minnesota Statutes 2008, section 518B.01, subdivision 22.
1.16 (b) A domestic abuse no contact order may be issued as a pretrial order before final
1.17disposition of the underlying criminal case or as a postconviction probationary order. A
1.18domestic abuse no contact order is independent of any condition of pretrial release or
1.19probation imposed on the defendant. A domestic abuse no contact order may be issued in
1.20addition to a similar restriction imposed as a condition of pretrial release or probation. In
1.21the context of a postconviction probationary order, a domestic abuse no contact order may
1.22be issued for an offense listed in paragraph (a) or for a conviction for any offense arising
1.23out of the same set of circumstances as an offense listed in paragraph (a).
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