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 or adjudication for malicious 
  1.8             punishment of a child and other laws; increasing the 
  1.9             cash bail for individuals charged with malicious 
  1.10            punishment of a child; clarifying when evidence of 
  1.11            similar prior conduct of an accused related to 
  1.12            domestic abuse is admissible; changing certain 
  1.13            domestic abuse enforcement procedures; changing a 
  1.14            definition in the law related to the order of 
  1.15            disposition of issues on a court's calendar; providing 
  1.16            criminal penalties; amending Minnesota Statutes 1998, 
  1.17            sections 518B.01, subdivisions 5, 8, and by adding 
  1.18            subdivisions; 609.185; 609.224, subdivisions 2 and 4; 
  1.19            609.2242, subdivisions 2 and 4; 609.342, subdivision 
  1.20            3; 609.343, subdivision 3; 609.344, subdivision 3; 
  1.21            609.345, subdivision 3; 609.377; 609.749, subdivisions 
  1.22            3 and 4; 629.471, subdivision 3; 630.36; and 634.20. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1998, section 518B.01, 
  1.25  subdivision 5, is amended to read: 
  1.26     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
  1.27  receipt of the petition, the court shall order a hearing which 
  1.28  shall be held not later than 14 days from the date of the 
  1.29  order.  If an ex parte order has been issued under subdivision 7 
  1.30  and a hearing requested, the time periods under subdivision 7 
  1.31  for holding a hearing apply.  ~~Personal service shall be made~~ 
  1.32  ~~upon the respondent not less than five days prior to the~~ 
  1.33  ~~hearing, if the hearing was requested by the petitioner.~~  If a 
  1.34  hearing was requested by the petitioner, personal service of the 
  2.1   ex parte order may be made upon the respondent at any time up to 
  2.2   12 hours prior to the time set for the hearing, provided that 
  2.3   the respondent at the hearing may request a continuance of up to 
  2.4   five days if served fewer than five days prior to the hearing 
  2.5   which continuance shall be granted unless there are compelling 
  2.6   reasons not to.  If the hearing was requested by the respondent 
  2.7   after issuance of an ex parte order under subdivision 7, service 
  2.8   of the notice of hearing must be made upon the petitioner not 
  2.9   less than five days prior to the hearing.  The court shall serve 
  2.10  the notice of hearing upon the petitioner by mail in the manner 
  2.11  provided in the rules of civil procedure for pleadings 
  2.12  subsequent to a complaint and motions and shall also mail notice 
  2.13  of the date and time of the hearing to the respondent.  In the 
  2.14  event that service cannot be completed in time to give the 
  2.15  respondent or petitioner the minimum notice required under this 
  2.16  paragraph, the court may set a new hearing date.  
  2.17     (b) Notwithstanding the provisions of paragraph (a), 
  2.18  service on the respondent may be made by one week published 
  2.19  notice, as provided under section 645.11, provided the 
  2.20  petitioner files with the court an affidavit stating that an 
  2.21  attempt at personal service made by a sheriff or other law 
  2.22  enforcement or corrections officer was unsuccessful because the 
  2.23  respondent is avoiding service by concealment or otherwise, and 
  2.24  that a copy of the petition and notice of hearing has been 
  2.25  mailed to the respondent at the respondent's residence or that 
  2.26  the residence is not known to the petitioner.  Service under 
  2.27  this paragraph is complete seven days after publication.  The 
  2.28  court shall set a new hearing date if necessary to allow the 
  2.29  respondent the five-day minimum notice required under paragraph 
  2.30  (a). 
  2.31     Sec. 2.  Minnesota Statutes 1998, section 518B.01, 
  2.32  subdivision 8, is amended to read: 
  2.33     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
  2.34  NOTICE.] (a) The petition and any order issued under this 
  2.35  section shall be served on the respondent personally.  In lieu 
  2.36  of personal service of an order for protection, a law 
  3.1   enforcement officer may serve a person with a short form 
  3.2   notification as provided in subdivision 8a. 
  3.3      (b) When service is made out of this state and in the 
  3.4   United States, it may be proved by the affidavit of the person 
  3.5   making the service.  When service is made outside the United 
  3.6   States, it may be proved by the affidavit of the person making 
  3.7   the service, taken before and certified by any United States 
  3.8   minister, charge d'affaires, commissioner, consul, or commercial 
  3.9   agent, or other consular or diplomatic officer of the United 
  3.10  States appointed to reside in the other country, including all 
  3.11  deputies or other representatives of the officer authorized to 
  3.12  perform their duties; or before an office authorized to 
  3.13  administer an oath with the certificate of an officer of a court 
  3.14  of record of the country in which the affidavit is taken as to 
  3.15  the identity and authority of the officer taking the affidavit.  
  3.16     (c) If personal service cannot be made, the court may order 
  3.17  service of the petition and any order issued under this section 
  3.18  by alternate means, or by publication, which publication must be 
  3.19  made as in other actions.  The application for alternate service 
  3.20  must include the last known location of the respondent; the 
  3.21  petitioner's most recent contacts with the respondent; the last 
  3.22  known location of the respondent's employment; the names and 
  3.23  locations of the respondent's parents, siblings, children, and 
  3.24  other close relatives; the names and locations of other persons 
  3.25  who are likely to know the respondent's whereabouts; and a 
  3.26  description of efforts to locate those persons. 
  3.27     The court shall consider the length of time the 
  3.28  respondent's location has been unknown, the likelihood that the 
  3.29  respondent's location will become known, the nature of the 
  3.30  relief sought, and the nature of efforts made to locate the 
  3.31  respondent.  The court shall order service by first class mail, 
  3.32  forwarding address requested, to any addresses where there is a 
  3.33  reasonable possibility that mail or information will be 
  3.34  forwarded or communicated to the respondent.  
  3.35     The court may also order publication, within or without the 
  3.36  state, but only if it might reasonably succeed in notifying the 
  4.1   respondent of the proceeding.  Service shall be deemed complete 
  4.2   14 days after mailing or 14 days after court-ordered publication.
  4.3      (d) A petition and any order issued under this section, 
  4.4   including the short form notification, must include a notice to 
  4.5   the respondent that if an order for protection is issued to 
  4.6   protect the petitioner or a child of the parties, upon request 
  4.7   of the petitioner in any visitation proceeding, the court shall 
  4.8   consider the order for protection in making a decision regarding 
  4.9   visitation.  
  4.10     Sec. 3.  Minnesota Statutes 1998, section 518B.01, is 
  4.11  amended by adding a subdivision to read: 
  4.12     Subd. 8a.  [SHORT FORM NOTIFICATION.] (a) In lieu of 
  4.13  personal service of an order for protection under subdivision 8, 
  4.14  a law enforcement officer may serve a person with a short form 
  4.15  notification.  The short form notification must include the 
  4.16  following clauses:  the respondent's name; the respondent's date 
  4.17  of birth, if known; the petitioner's name; the names of other 
  4.18  protected parties; the date and county in which the ex parte 
  4.19  order for protection or order for protection was filed; the 
  4.20  court file number; the hearing date and time, if known; the 
  4.21  conditions that apply to the respondent, either in checklist 
  4.22  form or handwritten; and the name of the judge who signed the 
  4.23  order. 
  4.24     The short form notification must be in bold print in the 
  4.25  following form: 
  4.26     The order for protection is now enforceable.  You must 
  4.27  report to your nearest sheriff office or county court to obtain 
  4.28  a copy of the order for protection.  You are subject to arrest 
  4.29  and may be charged with a misdemeanor, gross misdemeanor, or 
  4.30  felony if you violate any of the terms of the order for 
  4.31  protection or this short form notification. 
  4.32     (b) Upon verification of the identity of the respondent and 
  4.33  the existence of an unserved order for protection against the 
  4.34  respondent, a law enforcement officer may detain the respondent 
  4.35  for a reasonable time necessary to complete and serve the short 
  4.36  form notification. 
  5.1      (c) When service is made by short form notification, it may 
  5.2   be proved by the affidavit of the law enforcement officer making 
  5.3   the service. 
  5.4      (d) For service under this section only, service upon an 
  5.5   individual may occur at any time, including Sundays, and legal 
  5.6   holidays. 
  5.7      (e) The superintendent of the bureau of criminal 
  5.8   apprehension shall provide the short form to law enforcement 
  5.9   agencies. 
  5.10     Sec. 4.  Minnesota Statutes 1998, section 518B.01, is 
  5.11  amended by adding a subdivision to read: 
  5.12     Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
  5.13  ORDER.] (a) A domestic abuse no contact order is an order issued 
  5.14  by a court against a defendant in a criminal proceeding for 
  5.15  domestic abuse.  It includes pretrial orders before final 
  5.16  disposition of the case and probationary orders after sentencing.
  5.17     (b) A person who knows of a domestic abuse no contact order 
  5.18  issued against the person and violates the order is guilty of a 
  5.19  misdemeanor. 
  5.20     (c) A peace officer shall arrest without a warrant and take 
  5.21  into custody a person whom the peace officer has probable cause 
  5.22  to believe has violated a domestic abuse no contact order, even 
  5.23  if the violation of the order did not take place in the presence 
  5.24  of the peace officer, if the existence of the order can be 
  5.25  verified by the officer.  The person shall be held in custody 
  5.26  for at least 36 hours, excluding the day of arrest, Sundays, and 
  5.27  holidays, unless the person is released earlier by a judge or 
  5.28  judicial officer.  A peace officer acting in good faith and 
  5.29  exercising due care in making an arrest pursuant to this 
  5.30  paragraph is immune from civil liability that might result from 
  5.31  the officer's actions. 
  5.32     Sec. 5.  Minnesota Statutes 1998, section 609.185, is 
  5.33  amended to read: 
  5.34     609.185 [MURDER IN THE FIRST DEGREE.] 
  5.35     Whoever does any of the following is guilty of murder in 
  5.36  the first degree and shall be sentenced to imprisonment for life:
  6.1      (1) causes the death of a human being with premeditation 
  6.2   and with intent to effect the death of the person or of another; 
  6.3      (2) causes the death of a human being while committing or 
  6.4   attempting to commit criminal sexual conduct in the first or 
  6.5   second degree with force or violence, either upon or affecting 
  6.6   the person or another; 
  6.7      (3) causes the death of a human being with intent to effect 
  6.8   the death of the person or another, while committing or 
  6.9   attempting to commit burglary, aggravated robbery, kidnapping, 
  6.10  arson in the first or second degree, a drive-by shooting, 
  6.11  tampering with a witness in the first degree, escape from 
  6.12  custody, or any felony violation of chapter 152 involving the 
  6.13  unlawful sale of a controlled substance; 
  6.14     (4) causes the death of a peace officer or a guard employed 
  6.15  at a Minnesota state or local correctional facility, with intent 
  6.16  to effect the death of that person or another, while the peace 
  6.17  officer or guard is engaged in the performance of official 
  6.18  duties; 
  6.19     (5) causes the death of a minor while committing child 
  6.20  abuse, when the perpetrator has engaged in a past pattern of 
  6.21  child abuse upon the child and the death occurs under 
  6.22  circumstances manifesting an extreme indifference to human life; 
  6.23  or 
  6.24     (6) causes the death of a human being while committing 
  6.25  domestic abuse, when the perpetrator has engaged in a past 
  6.26  pattern of domestic abuse upon the victim or upon another family 
  6.27  or household member and the death occurs under circumstances 
  6.28  manifesting an extreme indifference to human life. 
  6.29     For purposes of clause (5), "child abuse" means an act 
  6.30  committed against a minor victim that constitutes a violation of 
  6.31  the following laws of this state or any similar laws of the 
  6.32  United States or any other state:  section 609.221; 609.222; 
  6.33  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
  6.34  609.377; 609.378; or 609.713. 
  6.35     For purposes of clause (6), "domestic abuse" means an act 
  6.36  that: 
  7.1      (1) constitutes a violation of section 609.221, 609.222, 
  7.2   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
  7.3   609.713, or any similar laws of the United States or any other 
  7.4   state; and 
  7.5      (2) is committed against the victim who is a family or 
  7.6   household member as defined in section 518B.01, subdivision 2, 
  7.7   paragraph (b). 
  7.8      Sec. 6.  Minnesota Statutes 1998, section 609.224, 
  7.9   subdivision 2, is amended to read: 
  7.10     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
  7.11  provisions of subdivision 1 against the same victim during the 
  7.12  time period between a previous conviction or adjudication of 
  7.13  delinquency under this section, sections 609.221 to 609.2231, 
  7.14  609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
  7.15  similar law of another state, and the end of the five years 
  7.16  following discharge from sentence or disposition for that 
  7.17  conviction or adjudication, is guilty of a gross misdemeanor and 
  7.18  may be sentenced to imprisonment for not more than one year or 
  7.19  to payment of a fine of not more than $3,000, or both.  
  7.20     (b) Whoever violates the provisions of subdivision 1 within 
  7.21  two years of a previous conviction or adjudication of 
  7.22  delinquency under this section or sections 609.221 to 609.2231, 
  7.23  609.2242, 609.377, or 609.713, or any similar law of another 
  7.24  state, is guilty of a gross misdemeanor and may be sentenced to 
  7.25  imprisonment for not more than one year or to payment of a fine 
  7.26  of not more than $3,000, or both. 
  7.27     (c) A caregiver, as defined in section 609.232, who is an 
  7.28  individual and who violates the provisions of subdivision 1 
  7.29  against a vulnerable adult, as defined in section 609.232, is 
  7.30  guilty of a gross misdemeanor and may be sentenced to 
  7.31  imprisonment for not more than one year or to payment of a fine 
  7.32  of not more than $3,000, or both. 
  7.33     Sec. 7.  Minnesota Statutes 1998, section 609.224, 
  7.34  subdivision 4, is amended to read: 
  7.35     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
  7.36  subdivision 1 against the same victim during the time period 
  8.1   between the first of any combination of two or more previous 
  8.2   convictions or adjudications of delinquency under this section 
  8.3   or sections 609.221 to 609.2231, 609.2242, 609.342 to 
  8.4   609.345, 609.377, or 609.713, or any similar law of another 
  8.5   state, and the end of the five years following discharge from 
  8.6   sentence or disposition for that conviction or adjudication is 
  8.7   guilty of a felony and may be sentenced to imprisonment for not 
  8.8   more than five years or payment of a fine of not more than 
  8.9   $10,000, or both. 
  8.10     (b) Whoever violates the provisions of subdivision 1 within 
  8.11  three years of the first of any combination of two or more 
  8.12  previous convictions or adjudications of delinquency under this 
  8.13  section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
  8.14  609.713, or any similar law of another state, is guilty of a 
  8.15  felony and may be sentenced to imprisonment for not more than 
  8.16  five years or to payment of a fine of not more than $10,000, or 
  8.17  both. 
  8.18     Sec. 8.  Minnesota Statutes 1998, section 609.2242, 
  8.19  subdivision 2, is amended to read: 
  8.20     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
  8.21  1 during the time period between a previous conviction or 
  8.22  adjudication of delinquency under this section or sections 
  8.23  609.221 to 609.2231, 609.224, 609.342 to 609.345, 609.377, or 
  8.24  609.713, or any similar law of another state, against a family 
  8.25  or household member as defined in section 518B.01, subdivision 
  8.26  2, and the end of the five years following discharge from 
  8.27  sentence or disposition for that conviction or adjudication is 
  8.28  guilty of a gross misdemeanor and may be sentenced to 
  8.29  imprisonment for not more than one year or to payment of a fine 
  8.30  of not more than $3,000, or both. 
  8.31     Sec. 9.  Minnesota Statutes 1998, section 609.2242, 
  8.32  subdivision 4, is amended to read: 
  8.33     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
  8.34  section or section 609.224, subdivision 1, against the same 
  8.35  victim during the time period between the first of any 
  8.36  combination of two or more previous convictions or adjudications 
  9.1   of delinquency under this section or sections 609.221 to 
  9.2   609.2231, 609.224, 609.342 to 609.345, 609.377, or 609.713, or 
  9.3   any similar law of another state and the end of the five years 
  9.4   following discharge from sentence or disposition for that 
  9.5   conviction or adjudication is guilty of a felony and may be 
  9.6   sentenced to imprisonment for not more than five years or 
  9.7   payment of a fine of not more than $10,000, or both. 
  9.8      Sec. 10.  Minnesota Statutes 1998, section 609.342, 
  9.9   subdivision 3, is amended to read: 
  9.10     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.11  under section 609.109, if a person is convicted under 
  9.12  subdivision 1, clause (g), the court may stay imposition or 
  9.13  execution of the sentence if it finds that: 
  9.14     (a) a stay is in the best interest of the complainant or 
  9.15  the family unit; and 
  9.16     (b) a professional assessment indicates that the offender 
  9.17  has been accepted by and can respond to a treatment program. 
  9.18     If the court stays imposition or execution of sentence, it 
  9.19  shall include the following as conditions of probation: 
  9.20     (1) incarceration in a local jail or workhouse; 
  9.21     (2) a requirement that the offender complete a treatment 
  9.22  program; and 
  9.23     (3) a requirement that the offender have no unsupervised 
  9.24  contact with the complainant until the offender has successfully 
  9.25  completed the treatment program unless approved by the treatment 
  9.26  program and the supervising correctional agent.  
  9.27     Sec. 11.  Minnesota Statutes 1998, section 609.343, 
  9.28  subdivision 3, is amended to read: 
  9.29     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.30  under section 609.109, if a person is convicted under 
  9.31  subdivision 1, clause (g), the court may stay imposition or 
  9.32  execution of the sentence if it finds that: 
  9.33     (a) a stay is in the best interest of the complainant or 
  9.34  the family unit; and 
  9.35     (b) a professional assessment indicates that the offender 
  9.36  has been accepted by and can respond to a treatment program. 
 10.1      If the court stays imposition or execution of sentence, it 
 10.2   shall include the following as conditions of probation: 
 10.3      (1) incarceration in a local jail or workhouse; 
 10.4      (2) a requirement that the offender complete a treatment 
 10.5   program; and 
 10.6      (3) a requirement that the offender have no unsupervised 
 10.7   contact with the complainant until the offender has successfully 
 10.8   completed the treatment program unless approved by the treatment 
 10.9   program and the supervising correctional agent.  
 10.10     Sec. 12.  Minnesota Statutes 1998, section 609.344, 
 10.11  subdivision 3, is amended to read: 
 10.12     Subd. 3.  [STAY.] Except when imprisonment is required 
 10.13  under section 609.109, if a person is convicted under 
 10.14  subdivision 1, clause (f), the court may stay imposition or 
 10.15  execution of the sentence if it finds that: 
 10.16     (a) a stay is in the best interest of the complainant or 
 10.17  the family unit; and 
 10.18     (b) a professional assessment indicates that the offender 
 10.19  has been accepted by and can respond to a treatment program. 
 10.20     If the court stays imposition or execution of sentence, it 
 10.21  shall include the following as conditions of probation: 
 10.22     (1) incarceration in a local jail or workhouse; 
 10.23     (2) a requirement that the offender complete a treatment 
 10.24  program; and 
 10.25     (3) a requirement that the offender have no unsupervised 
 10.26  contact with the complainant until the offender has successfully 
 10.27  completed the treatment program unless approved by the treatment 
 10.28  program and the supervising correctional agent.  
 10.29     Sec. 13.  Minnesota Statutes 1998, section 609.345, 
 10.30  subdivision 3, is amended to read: 
 10.31     Subd. 3.  [STAY.] Except when imprisonment is required 
 10.32  under section 609.109, if a person is convicted under 
 10.33  subdivision 1, clause (f), the court may stay imposition or 
 10.34  execution of the sentence if it finds that: 
 10.35     (a) a stay is in the best interest of the complainant or 
 10.36  the family unit; and 
 11.1      (b) a professional assessment indicates that the offender 
 11.2   has been accepted by and can respond to a treatment program. 
 11.3      If the court stays imposition or execution of sentence, it 
 11.4   shall include the following as conditions of probation: 
 11.5      (1) incarceration in a local jail or workhouse; 
 11.6      (2) a requirement that the offender complete a treatment 
 11.7   program; and 
 11.8      (3) a requirement that the offender have no unsupervised 
 11.9   contact with the complainant until the offender has successfully 
 11.10  completed the treatment program unless approved by the treatment 
 11.11  program and the supervising correctional agent. 
 11.12     Sec. 14.  Minnesota Statutes 1998, section 609.377, is 
 11.13  amended to read: 
 11.14     609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
 11.15     Subdivision 1.  [MALICIOUS PUNISHMENT.] A parent, legal 
 11.16  guardian, or caretaker who, by an intentional act or a series of 
 11.17  intentional acts with respect to a child, evidences unreasonable 
 11.18  force or cruel discipline that is excessive under the 
 11.19  circumstances is guilty of malicious punishment of a child and 
 11.20  may be sentenced ~~to imprisonment for not more than one year or~~ 
 11.21  ~~to payment of a fine of not more than $3,000, or both~~ as 
 11.22  provided in subdivisions 2 to 6. 
 11.23     Subd. 2.  [GROSS MISDEMEANOR.] If the punishment results in 
 11.24  less than substantial bodily harm, the person may be sentenced 
 11.25  to imprisonment for not more than one year or to payment of a 
 11.26  fine of not more than $3,000, or both. 
 11.27     Subd. 3.  [ENHANCEMENT TO A FELONY.] Whoever violates the 
 11.28  provisions of subdivision 2 during the time period between a 
 11.29  previous conviction or adjudication for delinquency under this 
 11.30  section or sections 609.221 to 609.2231, 609.224, 609.2242, 
 11.31  609.342 to 609.345, or 609.713, and the end of five years 
 11.32  following discharge from sentence or disposition for that 
 11.33  conviction or adjudication may be sentenced to imprisonment for 
 11.34  not more than five years or a fine of $10,000, or both. 
 11.35     Subd. 4.  [FELONY; CHILD UNDER AGE FOUR.] If the punishment 
 11.36  is to a child under the age of four and causes bodily harm to 
 12.1   the head, eyes, neck, or otherwise causes multiple bruises to 
 12.2   the body, the person may be sentenced to imprisonment for not 
 12.3   more than five years or a fine of $10,000, or both. 
 12.4      Subd. 5.  [FELONY; SUBSTANTIAL BODILY HARM.] If the 
 12.5   punishment results in substantial bodily harm, ~~that~~ the person 
 12.6   may be sentenced to imprisonment for not more than five years or 
 12.7   to payment of a fine of not more than $10,000, or both. 
 12.8      Subd. 6.  [FELONY; GREAT BODILY HARM.] If the punishment 
 12.9   results in great bodily harm, ~~that~~ the person may be sentenced 
 12.10  to imprisonment for not more than ten years or to payment of a 
 12.11  fine of not more than $20,000, or both. 
 12.12     ~~If the punishment is to a child under the age of four and~~ 
 12.13  ~~causes bodily harm to the head, eyes, neck, or otherwise causes~~ 
 12.14  ~~multiple bruises to the body, the person may be sentenced to~~ 
 12.15  ~~imprisonment for not more than five years or a fine of $10,000,~~ 
 12.16  ~~or both.~~ 
 12.17     Sec. 15.  Minnesota Statutes 1998, section 609.749, 
 12.18  subdivision 3, is amended to read: 
 12.19     Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
 12.20  of the following acts is guilty of a felony: 
 12.21     (1) commits any offense described in subdivision 2 because 
 12.22  of the victim's or another's actual or perceived race, color, 
 12.23  religion, sex, sexual orientation, disability as defined in 
 12.24  section 363.01, age, or national origin; 
 12.25     (2) commits any offense described in subdivision 2 by 
 12.26  falsely impersonating another; 
 12.27     (3) commits any offense described in subdivision 2 and 
 12.28  possesses a dangerous weapon at the time of the offense; 
 12.29     (4) ~~engages in harassing conduct~~ harasses another, as 
 12.30  defined in subdivision 1, with intent to influence or otherwise 
 12.31  tamper with a juror or a judicial proceeding or with intent to 
 12.32  retaliate against a judicial officer, as defined in section 
 12.33  609.415, or a prosecutor, defense attorney, or officer of the 
 12.34  court, because of that person's performance of official duties 
 12.35  in connection with a judicial proceeding; or 
 12.36     (5) commits any offense described in subdivision 2 against 
 13.1   a victim under the age of 18, if the actor is more than 36 
 13.2   months older than the victim. 
 13.3      Sec. 16.  Minnesota Statutes 1998, section 609.749, 
 13.4   subdivision 4, is amended to read: 
 13.5      Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 13.6   person is guilty of a felony who violates any provision of 
 13.7   subdivision 2 during the time period between a previous 
 13.8   conviction or adjudication of delinquency under this section; 
 13.9   sections 609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
 13.10  subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
 13.11  from another state and the end of the ten years following 
 13.12  discharge from sentence or disposition for that conviction or 
 13.13  adjudication. 
 13.14     Sec. 17.  Minnesota Statutes 1998, section 629.471, 
 13.15  subdivision 3, is amended to read: 
 13.16     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 13.17  518B.01, 609.224, ~~and~~ 609.2242, and 609.377, the maximum cash 
 13.18  bail that may be required for a person charged with a 
 13.19  misdemeanor or gross misdemeanor violation is six times the 
 13.20  highest cash fine that may be imposed for the offense. 
 13.21     Sec. 18.  Minnesota Statutes 1998, section 630.36, is 
 13.22  amended to read: 
 13.23     630.36 [ISSUES, HOW DISPOSED OF.] 
 13.24     Subdivision 1.  [ORDER.] The issues on the calendar shall 
 13.25  be disposed of in the following order, unless, upon the 
 13.26  application of either party, for good cause, the court directs 
 13.27  an indictment or complaint to be tried out of its order: 
 13.28     (1) indictments or complaints for felony, where the 
 13.29  defendant is in custody; 
 13.30     (2) indictments or complaints for misdemeanor, where the 
 13.31  defendant is in custody; 
 13.32     (3) indictments or complaints alleging child abuse, as 
 13.33  defined in subdivision 2, where the defendant is on bail; 
 13.34     (4) indictments or complaints alleging domestic ~~assault~~ 
 13.35  abuse, as defined in subdivision 3, where the defendant is on 
 13.36  bail; 
 14.1      (5) indictments or complaints for felony, where the 
 14.2   defendant is on bail; and 
 14.3      (6) indictments or complaints for misdemeanor, where the 
 14.4   defendant is on bail.  
 14.5      After a plea, the defendant shall be entitled to at least 
 14.6   four days to prepare for trial, if the defendant requires it.  
 14.7      Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
 14.8   "child abuse" means ~~any~~ an act which involves a minor victim and 
 14.9   which constitutes a violation of section 609.221, 609.222, 
 14.10  609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.324, 
 14.11  609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, 
 14.12  or 609.224 if the minor victim is a family or household member 
 14.13  of the defendant. 
 14.14     Subd. 3.  [DOMESTIC ~~ASSAULT~~ ABUSE DEFINED.] As used in 
 14.15  subdivision 1, "domestic ~~assault~~ abuse" ~~means an assault~~ 
 14.16  ~~committed by the actor against a family or household member, as~~ 
 14.17  ~~defined~~ has the meaning given in section 518B.01, subdivision 2. 
 14.18     Sec. 19.  Minnesota Statutes 1998, section 634.20, is 
 14.19  amended to read: 
 14.20     634.20 [EVIDENCE OF PRIOR CONDUCT.] 
 14.21     Evidence of similar prior conduct by the accused against 
 14.22  the victim of domestic abuse, ~~as defined under section 518B.01,~~ 
 14.23  ~~subdivision 2, including evidence of a violation against a~~ 
 14.24  ~~family or household member of:~~ 
 14.25     ~~(1) an order for protection under section 518B.01;~~ 
 14.26     ~~(2) section 609.713, subdivision 1;~~ 
 14.27     ~~(3) a harassment restraining order under section 609.748;~~ 
 14.28  ~~or~~ 
 14.29     ~~(4) section 609.79, subdivision 1;~~ 
 14.30  or against other family or household members, is admissible 
 14.31  unless the probative value is substantially outweighed by the 
 14.32  danger of unfair prejudice, confusion of the issue, or 
 14.33  misleading the jury, or by considerations of undue delay, waste 
 14.34  of time, or needless presentation of cumulative 
 14.35  evidence.  "Similar prior conduct" includes, but is not limited 
 14.36  to, evidence of domestic abuse, violation of an order for 
 15.1   protection under section 518B.01; violation of a harassment 
 15.2   restraining order under section 609.748; or violation of section 
 15.3   609.749 or 609.79, subdivision 1.  "Domestic abuse" and "family 
 15.4   or household members" have the meanings given under section 
 15.5   518B.01, subdivision 2. 
 15.6      Sec. 20.  [EFFECTIVE DATES.] 
 15.7      Section 1 is effective the day following final enactment.  
 15.8   Sections 2, 3, 18 and 19 are effective August 1, 2000.  Sections 
 15.9   4 to 16 and 17 are effective August 1, 2000, and apply to crimes 
 15.10  committed on or after that date.