as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; authorizing district 1.3 courts to order the use of an electronic monitoring 1.4 device in certain cases involving domestic abuse; 1.5 amending Minnesota Statutes 1994, section 629.72, 1.6 subdivision 2a; Minnesota Statutes 1995 Supplement, 1.7 section 609.135, subdivision 5a. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1995 Supplement, section 1.10 609.135, subdivision 5a, is amended to read: 1.11 Subd. 5a. [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 1.12 (a)Until the commissioner of corrections has adopted standards1.13governing electronic monitoring devices used to protect victims1.14of domestic abuse, the court,As a condition of a stay of 1.15 imposition or execution of a sentence, a district court maynot1.16 order an offender convicted of a crime described in paragraph 1.17 (b) to use an electronic monitoring device to protect a domestic 1.18 abuse victim's safety. 1.19 (b) This subdivision applies to the following crimes, if 1.20 committed by the defendant against a family or household member 1.21 as defined in section 518B.01, subdivision 2: 1.22 (1) violations of orders for protection issued under 1.23 chapter 518B; 1.24 (2) assault in the first, second, third, or fifth degree 1.25 under section 609.221, 609.222, 609.223, or 609.224; or domestic 1.26 assault under section 609.2242; 2.1 (3) criminal damage to property under section 609.595; 2.2 (4) disorderly conduct under section 609.72; 2.3 (5) harassing telephone calls under section 609.79; 2.4 (6) burglary under section 609.582; 2.5 (7) trespass under section 609.605; 2.6 (8) criminal sexual conduct in the first, second, third, 2.7 fourth, or fifth degree under section 609.342, 609.343, 609.344, 2.8 609.345, or 609.3451; and 2.9 (9) terroristic threats under section 609.713. 2.10(c) Notwithstanding paragraph (a), the judges in the tenth2.11judicial district may order, as a condition of a stay of2.12imposition or execution of a sentence, a defendant convicted of2.13a crime described in paragraph (b), to use an electronic2.14monitoring device to protect the victim's safety. The judges2.15shall make data on the use of electronic monitoring devices to2.16protect a victim's safety in the tenth judicial district2.17available to the commissioner of corrections to evaluate and to2.18aid in development of standards for the use of devices to2.19protect victims of domestic abuse.2.20 Sec. 2. Minnesota Statutes 1994, section 629.72, 2.21 subdivision 2a, is amended to read: 2.22 Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF 2.23 PRETRIAL RELEASE.](a) Until the commissioner of corrections has2.24adopted standards governing electronic monitoring devices used2.25to protect victims of domestic abuse, the court,As a condition 2.26 of release, a district court maynotorder a person arrested for 2.27 a crime described in section 609.135, subdivision 5a, paragraph 2.28 (b), to use an electronic monitoring device to protect 2.29 a domestic abuse victim's safety. 2.30(b) Notwithstanding paragraph (a), district courts in the2.31tenth judicial district may order, as a condition of a release,2.32a person arrested on a charge of a crime described in section2.33609.135, subdivision 5a, paragraph (b), to use an electronic2.34monitoring device to protect the victim's safety. The courts2.35shall make data on the use of electronic monitoring devices to2.36protect a victim's safety in the tenth judicial district3.1available to the commissioner of corrections to evaluate and to3.2aid in development of standards for the use of devices to3.3protect victims of domestic abuse.