1.1                          A bill for an act 
  1.2             relating to domestic abuse; authorizing service of 
  1.3             short form notification in lieu of personal service 
  1.4             for orders for protection; expanding the definition of 
  1.5             first degree murder in situations involving domestic 
  1.6             abuse; providing enhanced penalties based upon a 
  1.7             previous conviction for malicious punishment of a 
  1.8             child and other laws; adding assault in the fifth 
  1.9             degree and domestic assault to definition of "crimes 
  1.10            of violence"; increasing the cash bail for individuals 
  1.11            charged with malicious punishment of a child; 
  1.12            providing criminal penalties; amending Minnesota 
  1.13            Statutes 1998, sections 518B.01, subdivisions 5, 8, 
  1.14            and by adding subdivisions; 609.185; 609.224, 
  1.15            subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 
  1.16            609.342, subdivision 3; 609.343, subdivision 3; 
  1.17            609.344, subdivision 3; 609.345, subdivision 3; 
  1.18            609.377; 609.749, subdivision 3; 624.712, subdivision 
  1.19            5; and 629.471, subdivision 3. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1998, section 518B.01, 
  1.22  subdivision 5, is amended to read: 
  1.23     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
  1.24  receipt of the petition, the court shall order a hearing which 
  1.25  shall be held not later than 14 days from the date of the 
  1.26  order.  If an ex parte order has been issued under subdivision 7 
  1.27  and a hearing requested, the time periods under subdivision 7 
  1.28  for holding a hearing apply.  Personal service shall be made 
  1.29  upon the respondent not less than five days prior to the 
  1.30  hearing, if the hearing was requested by the petitioner. If a 
  1.31  hearing was requested by the petitioner, personal service of the 
  1.32  ex parte order may be made upon the respondent at any time up to 
  2.1   the time set for the hearing, provided that the respondent at 
  2.2   the hearing may request a continuance of up to five days if 
  2.3   served less than five days prior to the hearing.  If the hearing 
  2.4   was requested by the respondent after issuance of an ex parte 
  2.5   order under subdivision 7, service of the notice of hearing must 
  2.6   be made upon the petitioner not less than five days prior to the 
  2.7   hearing.  The court shall serve the notice of hearing upon the 
  2.8   petitioner by mail in the manner provided in the rules of civil 
  2.9   procedure for pleadings subsequent to a complaint and motions 
  2.10  and shall also mail notice of the date and time of the hearing 
  2.11  to the respondent.  In the event that service cannot be 
  2.12  completed in time to give the respondent or petitioner the 
  2.13  minimum notice required under this paragraph, the court may set 
  2.14  a new hearing date.  
  2.15     (b) Notwithstanding the provisions of paragraph (a), 
  2.16  service on the respondent may be made by one week published 
  2.17  notice, as provided under section 645.11, provided the 
  2.18  petitioner files with the court an affidavit stating that an 
  2.19  attempt at personal service made by a sheriff or other law 
  2.20  enforcement or corrections officer was unsuccessful because the 
  2.21  respondent is avoiding service by concealment or otherwise, and 
  2.22  that a copy of the petition and notice of hearing has been 
  2.23  mailed to the respondent at the respondent's residence or that 
  2.24  the residence is not known to the petitioner.  Service under 
  2.25  this paragraph is complete seven days after publication.  The 
  2.26  court shall set a new hearing date if necessary to allow the 
  2.27  respondent the five-day minimum notice required under paragraph 
  2.28  (a). 
  2.29     Sec. 2.  Minnesota Statutes 1998, section 518B.01, 
  2.30  subdivision 8, is amended to read: 
  2.31     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
  2.32  NOTICE.] (a) The petition and any order issued under this 
  2.33  section shall be served on the respondent personally.  In lieu 
  2.34  of personal service of an order for protection, a law 
  2.35  enforcement officer may serve a person with a short form 
  2.36  notification as provided in subdivision 8a. 
  3.1      (b) When service is made out of this state and in the 
  3.2   United States, it may be proved by the affidavit of the person 
  3.3   making the service.  When service is made outside the United 
  3.4   States, it may be proved by the affidavit of the person making 
  3.5   the service, taken before and certified by any United States 
  3.6   minister, charge d'affaires, commissioner, consul, or commercial 
  3.7   agent, or other consular or diplomatic officer of the United 
  3.8   States appointed to reside in the other country, including all 
  3.9   deputies or other representatives of the officer authorized to 
  3.10  perform their duties; or before an office authorized to 
  3.11  administer an oath with the certificate of an officer of a court 
  3.12  of record of the country in which the affidavit is taken as to 
  3.13  the identity and authority of the officer taking the affidavit.  
  3.14     (c) If personal service cannot be made, the court may order 
  3.15  service of the petition and any order issued under this section 
  3.16  by alternate means, or by publication, which publication must be 
  3.17  made as in other actions.  The application for alternate service 
  3.18  must include the last known location of the respondent; the 
  3.19  petitioner's most recent contacts with the respondent; the last 
  3.20  known location of the respondent's employment; the names and 
  3.21  locations of the respondent's parents, siblings, children, and 
  3.22  other close relatives; the names and locations of other persons 
  3.23  who are likely to know the respondent's whereabouts; and a 
  3.24  description of efforts to locate those persons. 
  3.25     The court shall consider the length of time the 
  3.26  respondent's location has been unknown, the likelihood that the 
  3.27  respondent's location will become known, the nature of the 
  3.28  relief sought, and the nature of efforts made to locate the 
  3.29  respondent.  The court shall order service by first class mail, 
  3.30  forwarding address requested, to any addresses where there is a 
  3.31  reasonable possibility that mail or information will be 
  3.32  forwarded or communicated to the respondent.  
  3.33     The court may also order publication, within or without the 
  3.34  state, but only if it might reasonably succeed in notifying the 
  3.35  respondent of the proceeding.  Service shall be deemed complete 
  3.36  14 days after mailing or 14 days after court-ordered publication.
  4.1      (d) A petition and any order issued under this section, 
  4.2   including the short form notification, must include a notice to 
  4.3   the respondent that if an order for protection is issued to 
  4.4   protect the petitioner or a child of the parties, upon request 
  4.5   of the petitioner in any visitation proceeding, the court shall 
  4.6   consider the order for protection in making a decision regarding 
  4.7   visitation.  
  4.8      Sec. 3.  Minnesota Statutes 1998, section 518B.01, is 
  4.9   amended by adding a subdivision to read: 
  4.10     Subd. 8a.  [SHORT FORM NOTIFICATION.] (a) In lieu of 
  4.11  personal service of an order for protection under subdivision 8, 
  4.12  a law enforcement officer may serve a person with a short form 
  4.13  notification.  The short form notification must include the 
  4.14  following clauses:  the respondent's name; respondent's date of 
  4.15  birth (if known); petitioner's name; names of other protected 
  4.16  parties; the date and county in which the ex parte order for 
  4.17  protection or order for protection was filed; the court file 
  4.18  number; hearing date and time, if known; the conditions that 
  4.19  apply to the respondent, either in checklist form or 
  4.20  handwritten; and the name of the judge who signed the order. 
  4.21     The short form notice must be in bold print in the 
  4.22  following form: 
  4.23     The order for protection is now enforceable.  You must 
  4.24  report to your nearest sheriff office or county court to obtain 
  4.25  a copy of the order for protection.  You are subject to arrest 
  4.26  and may be charged with a misdemeanor, gross misdemeanor, or 
  4.27  felony if you violate any of the terms of the order for 
  4.28  protection or this short form notification. 
  4.29     (b) Upon verification of the identity of the respondent and 
  4.30  the existence of an unserved order for protection against the 
  4.31  respondent, a law enforcement officer may detain the respondent 
  4.32  for a reasonable time necessary to complete and serve the short 
  4.33  form notification. 
  4.34     (c) When service is made by short form notification, it may 
  4.35  be proved by the affidavit of the law enforcement officer making 
  4.36  the service. 
  5.1      (d) For service under this section only, service upon an 
  5.2   individual may occur at any time, including Sundays, and legal 
  5.3   holidays. 
  5.4      Sec. 4.  Minnesota Statutes 1998, section 518B.01, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
  5.7   ORDER.] (a) A domestic abuse no contact order is an order issued 
  5.8   by a court against a defendant in a criminal proceeding for 
  5.9   domestic abuse.  It includes pretrial orders before final 
  5.10  disposition of the case and probationary orders after sentencing.
  5.11     (b) A person who knows of a domestic abuse no contact order 
  5.12  issued against the person and violates the order is guilty of a 
  5.13  misdemeanor. 
  5.14     (c) A peace officer shall arrest without a warrant and take 
  5.15  into custody a person whom the peace officer has probable cause 
  5.16  to believe has violated a domestic abuse no contact order, even 
  5.17  if the violation of the order did not take place in the presence 
  5.18  of the peace officer, if the existence of the order can be 
  5.19  verified by the officer.  The person shall be held in custody 
  5.20  for at least 36 hours, excluding the day of arrest, Sundays, and 
  5.21  holidays, unless the person is released earlier by a judge or 
  5.22  judicial officer.  A peace officer acting in good faith and 
  5.23  exercising due care in making an arrest pursuant to this 
  5.24  paragraph is immune from civil liability that might result from 
  5.25  the officer's actions. 
  5.26     Sec. 5.  Minnesota Statutes 1998, section 609.185, is 
  5.27  amended to read: 
  5.28     609.185 [MURDER IN THE FIRST DEGREE.] 
  5.29     Whoever does any of the following is guilty of murder in 
  5.30  the first degree and shall be sentenced to imprisonment for life:
  5.31     (1) causes the death of a human being with premeditation 
  5.32  and with intent to effect the death of the person or of another; 
  5.33     (2) causes the death of a human being while committing or 
  5.34  attempting to commit criminal sexual conduct in the first or 
  5.35  second degree with force or violence, either upon or affecting 
  5.36  the person or another; 
  6.1      (3) causes the death of a human being with intent to effect 
  6.2   the death of the person or another, while committing or 
  6.3   attempting to commit burglary, aggravated robbery, kidnapping, 
  6.4   arson in the first or second degree, a drive-by shooting, 
  6.5   tampering with a witness in the first degree, escape from 
  6.6   custody, or any felony violation of chapter 152 involving the 
  6.7   unlawful sale of a controlled substance; 
  6.8      (4) causes the death of a peace officer or a guard employed 
  6.9   at a Minnesota state or local correctional facility, with intent 
  6.10  to effect the death of that person or another, while the peace 
  6.11  officer or guard is engaged in the performance of official 
  6.12  duties; 
  6.13     (5) causes the death of a minor while committing child 
  6.14  abuse, when the perpetrator has engaged in a past pattern of 
  6.15  child abuse upon the child and the death occurs under 
  6.16  circumstances manifesting an extreme indifference to human life; 
  6.17  or 
  6.18     (6) causes the death of a human being while committing 
  6.19  domestic abuse, when the perpetrator has engaged in a past 
  6.20  pattern of domestic abuse upon the victim or upon another family 
  6.21  or household member and the death occurs under circumstances 
  6.22  manifesting an extreme indifference to human life. 
  6.23     For purposes of clause (5), "child abuse" means an act 
  6.24  committed against a minor victim that constitutes a violation of 
  6.25  the following laws of this state or any similar laws of the 
  6.26  United States or any other state:  section 609.221; 609.222; 
  6.27  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  6.28  609.377; 609.378; or 609.713. 
  6.29     For purposes of clause (6), "domestic abuse" means an act 
  6.30  that: 
  6.31     (1) constitutes a violation of section 609.221, 609.222, 
  6.32  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  6.33  609.713, or any similar laws of the United States or any other 
  6.34  state; and 
  6.35     (2) is committed against the victim who is a family or 
  6.36  household member as defined in section 518B.01, subdivision 2, 
  7.1   paragraph (b). 
  7.2      Sec. 6.  Minnesota Statutes 1998, section 609.224, 
  7.3   subdivision 2, is amended to read: 
  7.4      Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  7.5   provisions of subdivision 1 against the same victim during the 
  7.6   time period between a previous conviction under this section, 
  7.7   sections 609.221 to 609.2231, 609.2242, 609.342 to 
  7.8   609.345, 609.377, or 609.713, or any similar law of another 
  7.9   state, and the end of the five years following discharge from 
  7.10  sentence for that conviction, is guilty of a gross misdemeanor 
  7.11  and may be sentenced to imprisonment for not more than one year 
  7.12  or to payment of a fine of not more than $3,000, or both.  
  7.13     (b) Whoever violates the provisions of subdivision 1 within 
  7.14  two years of a previous conviction under this section or 
  7.15  sections 609.221 to 609.2231, 609.2242, 609.377, or 609.713 is 
  7.16  guilty of a gross misdemeanor and may be sentenced to 
  7.17  imprisonment for not more than one year or to payment of a fine 
  7.18  of not more than $3,000, or both. 
  7.19     (c) A caregiver, as defined in section 609.232, who is an 
  7.20  individual and who violates the provisions of subdivision 1 
  7.21  against a vulnerable adult, as defined in section 609.232, is 
  7.22  guilty of a gross misdemeanor and may be sentenced to 
  7.23  imprisonment for not more than one year or to payment of a fine 
  7.24  of not more than $3,000, or both. 
  7.25     Sec. 7.  Minnesota Statutes 1998, section 609.224, 
  7.26  subdivision 4, is amended to read: 
  7.27     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
  7.28  subdivision 1 against the same victim during the time period 
  7.29  between the first of two or more previous convictions or 
  7.30  adjudication of delinquency under this section or sections 
  7.31  609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or 
  7.32  609.713, or any similar law of another state, and the end of the 
  7.33  five years following discharge from sentence or disposition for 
  7.34  that conviction or adjudication is guilty of a felony and may be 
  7.35  sentenced to imprisonment for not more than five years or 
  7.36  payment of a fine of not more than $10,000, or both. 
  8.1      (b) Whoever violates the provisions of subdivision 1 within 
  8.2   three years of the first of two or more previous convictions or 
  8.3   adjudication of delinquency under this section or sections 
  8.4   609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any 
  8.5   similar law of another state, is guilty of a felony and may be 
  8.6   sentenced to imprisonment for not more than five years or to 
  8.7   payment of a fine of not more than $10,000, or both. 
  8.8      Sec. 8.  Minnesota Statutes 1998, section 609.2242, 
  8.9   subdivision 2, is amended to read: 
  8.10     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
  8.11  1 during the time period between a previous conviction or 
  8.12  adjudication of delinquency under this section or sections 
  8.13  609.221 to 609.2231, 609.224, 609.342 to 609.345, 609.377, or 
  8.14  609.713, or any similar law of another state, against a family 
  8.15  or household member as defined in section 518B.01, subdivision 
  8.16  2, and the end of the five years following discharge from 
  8.17  sentence for that conviction or adjudication is guilty of a 
  8.18  gross misdemeanor and may be sentenced to imprisonment for not 
  8.19  more than one year or to payment of a fine of not more than 
  8.20  $3,000, or both. 
  8.21     Sec. 9.  Minnesota Statutes 1998, section 609.2242, 
  8.22  subdivision 4, is amended to read: 
  8.23     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
  8.24  section or section 609.224, subdivision 1, against the same 
  8.25  victim during the time period between the first of two or more 
  8.26  previous convictions or adjudication of delinquency under this 
  8.27  section or sections 609.221 to 609.2231, 609.224, 609.342 to 
  8.28  609.345, 609.377, or 609.713, or any similar law of another 
  8.29  state and the end of the five years following discharge from 
  8.30  sentence or disposition for that conviction or disposition is 
  8.31  guilty of a felony and may be sentenced to imprisonment for not 
  8.32  more than five years or payment of a fine of not more than 
  8.33  $10,000, or both. 
  8.34     Sec. 10.  Minnesota Statutes 1998, section 609.342, 
  8.35  subdivision 3, is amended to read: 
  8.36     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.1   under section 609.109, if a person is convicted under 
  9.2   subdivision 1, clause (g), the court may stay imposition or 
  9.3   execution of the sentence if it finds that: 
  9.4      (a) a stay is in the best interest of the complainant or 
  9.5   the family unit; and 
  9.6      (b) a professional assessment indicates that the offender 
  9.7   has been accepted by and can respond to a treatment program. 
  9.8      If the court stays imposition or execution of sentence, it 
  9.9   shall include the following as conditions of probation: 
  9.10     (1) incarceration in a local jail or workhouse; 
  9.11     (2) a requirement that the offender complete a treatment 
  9.12  program; and 
  9.13     (3) a requirement that the offender have no unsupervised 
  9.14  contact with the complainant until the offender has successfully 
  9.15  completed the treatment program unless approved by the treatment 
  9.16  program and the supervising correctional agent.  
  9.17     Sec. 11.  Minnesota Statutes 1998, section 609.343, 
  9.18  subdivision 3, is amended to read: 
  9.19     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.20  under section 609.109, if a person is convicted under 
  9.21  subdivision 1, clause (g), the court may stay imposition or 
  9.22  execution of the sentence if it finds that: 
  9.23     (a) a stay is in the best interest of the complainant or 
  9.24  the family unit; and 
  9.25     (b) a professional assessment indicates that the offender 
  9.26  has been accepted by and can respond to a treatment program. 
  9.27     If the court stays imposition or execution of sentence, it 
  9.28  shall include the following as conditions of probation: 
  9.29     (1) incarceration in a local jail or workhouse; 
  9.30     (2) a requirement that the offender complete a treatment 
  9.31  program; and 
  9.32     (3) a requirement that the offender have no unsupervised 
  9.33  contact with the complainant until the offender has successfully 
  9.34  completed the treatment program unless approved by the treatment 
  9.35  program and the supervising correctional agent.  
  9.36     Sec. 12.  Minnesota Statutes 1998, section 609.344, 
 10.1   subdivision 3, is amended to read: 
 10.2      Subd. 3.  [STAY.] Except when imprisonment is required 
 10.3   under section 609.109, if a person is convicted under 
 10.4   subdivision 1, clause (f), the court may stay imposition or 
 10.5   execution of the sentence if it finds that: 
 10.6      (a) a stay is in the best interest of the complainant or 
 10.7   the family unit; and 
 10.8      (b) a professional assessment indicates that the offender 
 10.9   has been accepted by and can respond to a treatment program. 
 10.10     If the court stays imposition or execution of sentence, it 
 10.11  shall include the following as conditions of probation: 
 10.12     (1) incarceration in a local jail or workhouse; 
 10.13     (2) a requirement that the offender complete a treatment 
 10.14  program; and 
 10.15     (3) a requirement that the offender have no unsupervised 
 10.16  contact with the complainant until the offender has successfully 
 10.17  completed the treatment program unless approved by the treatment 
 10.18  program and the supervising correctional agent.  
 10.19     Sec. 13.  Minnesota Statutes 1998, section 609.345, 
 10.20  subdivision 3, is amended to read: 
 10.21     Subd. 3.  [STAY.] Except when imprisonment is required 
 10.22  under section 609.109, if a person is convicted under 
 10.23  subdivision 1, clause (f), the court may stay imposition or 
 10.24  execution of the sentence if it finds that: 
 10.25     (a) a stay is in the best interest of the complainant or 
 10.26  the family unit; and 
 10.27     (b) a professional assessment indicates that the offender 
 10.28  has been accepted by and can respond to a treatment program. 
 10.29     If the court stays imposition or execution of sentence, it 
 10.30  shall include the following as conditions of probation: 
 10.31     (1) incarceration in a local jail or workhouse; 
 10.32     (2) a requirement that the offender complete a treatment 
 10.33  program; and 
 10.34     (3) a requirement that the offender have no unsupervised 
 10.35  contact with the complainant until the offender has successfully 
 10.36  completed the treatment program unless approved by the treatment 
 11.1   program and the supervising correctional agent. 
 11.2      Sec. 14.  Minnesota Statutes 1998, section 609.377, is 
 11.3   amended to read: 
 11.4      609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
 11.5      Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
 11.6   guardian, or caretaker who, by an intentional act or a series of 
 11.7   intentional acts with respect to a child, evidences unreasonable 
 11.8   force or cruel discipline that is excessive under the 
 11.9   circumstances is guilty of malicious punishment of a child and 
 11.10  may be sentenced to imprisonment for not more than one year or 
 11.11  to payment of a fine of not more than $3,000, or both as 
 11.12  provided in subdivisions 2 to 6. 
 11.13     Subd. 2.  [GROSS MISDEMEANOR.] (a) If the punishment 
 11.14  results in less than substantial bodily harm, the person may be 
 11.15  sentenced to imprisonment for not more than one year or to 
 11.16  payment of a fine of not more than $3,000 or both. 
 11.17     Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
 11.18  provisions of subdivision 2 during the time period between a 
 11.19  previous conviction under this section or sections 609.221 to 
 11.20  609.2231, 609.224, 609.2242, 609.342 to 609.345, or 609.713, and 
 11.21  the end of five years following discharge from sentence for that 
 11.22  conviction may be sentenced to imprisonment for not more than 
 11.23  five years or a fine of $10,000 or both. 
 11.24     Subd. 4.  [FELONY; CHILD UNDER AGE FOUR.] If the punishment 
 11.25  is to a child under the age of four and causes bodily harm to 
 11.26  the head, eyes, neck, or otherwise causes multiple bruises to 
 11.27  the body, the person may be sentenced to imprisonment for not 
 11.28  more than five years or a fine of $10,000, or both. 
 11.29     Subd. 5.  [FELONY; SUBSTANTIAL BODILY HARM.] If the 
 11.30  punishment results in substantial bodily harm, that the person 
 11.31  may be sentenced to imprisonment for not more than five years or 
 11.32  to payment of a fine of not more than $10,000, or both. 
 11.33     Subd. 6.  [FELONY; GREAT BODILY HARM.] If the punishment 
 11.34  results in great bodily harm, that the person may be sentenced 
 11.35  to imprisonment for not more than ten years or to payment of a 
 11.36  fine of not more than $20,000, or both. 
 12.1      If the punishment is to a child under the age of four and 
 12.2   causes bodily harm to the head, eyes, neck, or otherwise causes 
 12.3   multiple bruises to the body, the person may be sentenced to 
 12.4   imprisonment for not more than five years or a fine of $10,000, 
 12.5   or both. 
 12.6      Sec. 15.  Minnesota Statutes 1998, section 609.749, 
 12.7   subdivision 3, is amended to read: 
 12.8      Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
 12.9   of the following acts is guilty of a felony: 
 12.10     (1) commits any offense described in subdivision 2 because 
 12.11  of the victim's or another's actual or perceived race, color, 
 12.12  religion, sex, sexual orientation, disability as defined in 
 12.13  section 363.01, age, or national origin; 
 12.14     (2) commits any offense described in subdivision 2 by 
 12.15  falsely impersonating another; 
 12.16     (3) commits any offense described in subdivision 2 and 
 12.17  possesses a dangerous weapon at the time of the offense; 
 12.18     (4) engages in harassing conduct harasses another, as 
 12.19  defined in subdivision 1, with intent to influence or otherwise 
 12.20  tamper with a juror or a judicial proceeding or with intent to 
 12.21  retaliate against a judicial officer, as defined in section 
 12.22  609.415, or a prosecutor, defense attorney, or officer of the 
 12.23  court, because of that person's performance of official duties 
 12.24  in connection with a judicial proceeding; or 
 12.25     (5) commits any offense described in subdivision 2 against 
 12.26  a victim under the age of 18, if the actor is more than 36 
 12.27  months older than the victim. 
 12.28     Sec. 16.  Minnesota Statutes 1998, section 624.712, 
 12.29  subdivision 5, is amended to read: 
 12.30     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 12.31  murder in the first, second, and third degrees, manslaughter in 
 12.32  the first and second degrees, aiding suicide, aiding attempted 
 12.33  suicide, felony violations of assault in the first, second, 
 12.34  third, and fourth degrees, assaults motivated by bias under 
 12.35  section 609.2231, subdivision 4, drive-by shootings, terroristic 
 12.36  threats, use of drugs to injure or to facilitate crime, crimes 
 13.1   committed for the benefit of a gang, commission of a crime while 
 13.2   wearing or possessing a bullet-resistant vest, simple robbery, 
 13.3   aggravated robbery, kidnapping, false imprisonment, criminal 
 13.4   sexual conduct in the first, second, third, and fourth degrees, 
 13.5   theft of a firearm, felony theft involving the intentional 
 13.6   taking or driving of a motor vehicle without the consent of the 
 13.7   owner or the authorized agent of the owner, felony theft 
 13.8   involving the taking of property from a burning, abandoned, or 
 13.9   vacant building, or from an area of destruction caused by civil 
 13.10  disaster, riot, bombing, or the proximity of battle, felony 
 13.11  theft involving the theft of a controlled substance, an 
 13.12  explosive, or an incendiary device, arson in the first and 
 13.13  second degrees, riot, burglary in the first, second, third, and 
 13.14  fourth degrees, harassment and stalking, shooting at a public 
 13.15  transit vehicle or facility, reckless use of a gun or dangerous 
 13.16  weapon, intentionally pointing a gun at or towards a human 
 13.17  being, setting a spring gun, and unlawfully owning, possessing, 
 13.18  operating a machine gun or short-barreled shotgun, and an 
 13.19  attempt to commit any of these offenses, as each of those 
 13.20  offenses is defined in chapter 609.  "Crime of violence" also 
 13.21  includes felony violations of the following:  malicious 
 13.22  punishment of a child; neglect or endangerment of a 
 13.23  child; assault in the fifth degree; domestic assault; and 
 13.24  chapter 152. 
 13.25     Sec. 17.  Minnesota Statutes 1998, section 629.471, 
 13.26  subdivision 3, is amended to read: 
 13.27     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 13.28  518B.01, 609.224, and 609.2242, and 609.377, the maximum cash 
 13.29  bail that may be required for a person charged with a 
 13.30  misdemeanor or gross misdemeanor violation is six times the 
 13.31  highest cash fine that may be imposed for the offense. 
 13.32     Sec. 18.  [EFFECTIVE DATE.] 
 13.33     Sections 1 to 4 are effective August 1, 1999.  Sections 5 
 13.34  to 17 are effective August 1, 1999, and apply to crimes 
 13.35  committed on or after that date.