1.1 .................... moves to amend H. F. No. 1625 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to
1.4read:
1.5 Subd. 6a.
Subsequent orders and extensions. (a) Upon application, notice to
1.6all parties, and hearing, the court may extend the relief granted in an existing order for
1.7protection or, if a petitioner's order for protection is no longer in effect when an application
1.8for subsequent relief is made, grant a new order. The court may extend the terms of an
1.9existing order or, if an order is no longer in effect, grant a new order upon a showing that:
1.10 (1) the respondent has violated a prior or existing order for protection;
1.11 (2) the petitioner is reasonably in fear of physical harm from the respondent;
1.12 (3) the respondent has engaged in acts of harassment or stalking within the meaning
1.13of section
609.749, subdivision 2; or
1.14 (4) the respondent is incarcerated and about to be released, or has recently been
1.15released from incarceration.
1.16 A petitioner does not need to show that physical harm is imminent to obtain an
1.17extension or a subsequent order under this subdivision.
1.18 (b) If the court extends relief in an existing order for protection or grants a new
1.19order, the court may order the respondent to provide the following information to the
1.20court for purposes of service of process: the respondent's home address, the respondent's
1.21employment address, and the names and locations of the respondent's parents, siblings,
1.22children, or other close relatives.
1.23EFFECTIVE DATE.This section is effective July 1, 2007.
1.24 Sec. 2. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
2.1 Subd. 5.
Restraining order. (a) The court may grant a restraining order ordering
2.2the respondent to cease or avoid the harassment of another person or to have no contact
2.3with that person if all of the following occur:
2.4 (1) the petitioner has filed a petition under subdivision 3;
2.5 (2) the sheriff has served respondent with a copy of the temporary restraining order
2.6obtained under subdivision 4, and with notice of the right to request a hearing, or service
2.7has been made by publication under subdivision 3, paragraph (b); and
2.8 (3) the court finds at the hearing that there are reasonable grounds to believe that
2.9the respondent has engaged in harassment.
2.10A restraining order may be issued only against the respondent named in the petition;
2.11except that if the respondent is an organization, the order may be issued against and apply
2.12to all of the members of the organization. Relief granted by the restraining order must be
2.13for a fixed period of not more than two years. When a referee presides at the hearing on
2.14the petition, the restraining order becomes effective upon the referee's signature.
2.15 If the petitioner has had one or more restraining orders in effect against the
2.16respondent, the court may order the respondent to provide the following information to the
2.17court for purposes of service of process: the respondent's home address, the respondent's
2.18employment address, and the names and locations of the respondent's parents, siblings,
2.19children, or other close relatives.
2.20 (b) An order issued under this subdivision must be personally served upon the
2.21respondent.
If personal service cannot be made, the court may order service by alternate
2.22means, or by publication, which publication must be made as in other actions. The
2.23application for alternate service must include the last known location of the respondent;
2.24the petitioner's most recent contacts with the respondent; the last known location of the
2.25respondent's employment; the names and locations of the respondent's parents, siblings,
2.26children, and other close relatives; the names and locations of other persons who are likely
2.27to know the respondent's whereabouts; and a description of efforts to locate those persons.
2.28The court shall consider the length of time the respondent's location has been unknown,
2.29the likelihood that the respondent's location will become known, the nature of the relief
2.30sought, and the nature of efforts made to locate the respondent. The court shall order
2.31service by first class mail, forwarding address requested, to any addresses where there is a
2.32reasonable possibility that mail or information will be forwarded or communicated to the
2.33respondent. The court may also order publication, within or without the state, but only if it
2.34might reasonably succeed in notifying the respondent of the proceeding. Service shall be
2.35deemed complete 14 days after mailing or 14 days after court-ordered publication.
2.36EFFECTIVE DATE.This section is effective July 1, 2007."
3.1Renumber the sections in sequence and correct the internal references
3.2Amend the title accordingly