HF 1677

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to the safe at home program; specifying applicability; eliminating certain
persons from eligibility; amending Minnesota Statutes 2008, sections 5B.01;
5B.02.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 5B.01, is amended to read:

5B.01 FINDINGS; PURPOSE new text begin ; APPLICABILITY new text end .

new text begin (a) new text end The legislature finds that individuals attempting to escape from actual or
threatened domestic violence, sexual assault, or stalking frequently establish new
addresses in order to prevent their assailants or probable assailants from finding them.
The purpose of this chapter is to enable state and local agencies to respond to requests
for data without disclosing the location of a victim of domestic violence, sexual assault,
or stalking; to enable interagency cooperation with the secretary of state in providing
address confidentiality for victims of domestic violence, sexual assault, or stalking; and
to enable program participants to use an address designated by the secretary of state as a
substitute mailing address for all purposes.

new text begin (b) This chapter and any associated rules shall supersede an ordinance to the extent
the provisions conflict or require display of a program participant's name at an address
otherwise protected under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2008, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.

(b) "Address" means a residential street address, school address, or work address
of an individual, as specified on the individual's application to be a program participant
under this chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision
2, paragraph (a), and includes a threat of such acts committed against an individual in a
domestic situation, regardless of whether these acts or threats have been reported to law
enforcement officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
in section 524.5-102 for whom there is good reason to believe (i) that the eligible person is
a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible person
fears for his or her safety or the safety of persons on whose behalf the application is made. new text begin
A person registered or required to register as a predatory offender under section 243.166
or 243.167, or the law of another jurisdiction, is not an eligible person.
new text end

(f) "Mail" means first class letters and flats delivered via the United States Postal
Service, including priority, express, and certified mail, and excluding packages, parcels,
periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
clearly indicate that they are sent by a government agency.

(g) "Program participant" means an individual certified as a program participant
under section 5B.03.

(h) "Stalking" means acts criminalized under section 609.749 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end