1.1.................... moves to amend H.F. No. 2295 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to
1.4read:
1.5 Subd. 5a.
Domestic abuse victims; electronic monitoring. (a) Until
the
1.6commissioner of corrections a judicial district has adopted standards
under section 629.72,
1.7subdivision 2a, paragraph (b), governing electronic monitoring devices used to protect
1.8victims of domestic abuse,
the a court
within the judicial district, as a condition of a stay
1.9of imposition or execution of a sentence, may not order an offender convicted of a crime
1.10described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.
1.11(b) This subdivision applies to the following crimes, if committed by the defendant
1.12against a family or household member as defined in section
518B.01, subdivision 2:
1.13(1) violations of orders for protection issued under chapter 518B;
1.14(2) assault in the first, second, third, or fifth degree under section
609.221,
609.222,
1.15609.223
, or
609.224; or domestic assault under section
609.2242;
1.16(3) criminal damage to property under section
609.595;
1.17(4) disorderly conduct under section
609.72;
1.18(5) harassing telephone calls under section
609.79;
1.19(6) burglary under section
609.582;
1.20(7) trespass under section
609.605;
1.21(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
1.22section
609.342,
609.343,
609.344,
609.345, or
609.3451;
and
1.23(9) terroristic threats under section
609.713.;
1.24(10) stalking under section 609.749;
1.25(11) violations of harassment restraining orders under section 609.748;
1.26(12) violations of domestic abuse no contact orders under section 629.75; and
1.27(13) interference with an emergency call under section 609.78, subdivision 2.
2.1(c)
Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
2.2order, as a condition of a stay of imposition or execution of a sentence, a defendant
2.3convicted of a crime described in paragraph (b), to use an electronic monitoring device
2.4to protect the victim's safety. The judges shall make data on the use of electronic
2.5monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.6the commissioner of corrections to evaluate and to aid in development of standards for the
2.7use of devices to protect victims of domestic abuse. The location data associated with the
2.8victim are security information as defined in section 13.37. Location data maintained by
2.9a law enforcement agency, probation authority, prosecutorial agency, or court services
2.10department may be shared among those agencies to develop and monitor conditions of a
2.11stayed sentence under this section.
2.12EFFECTIVE DATE.This section is effective the day following final enactment.
2.13 Sec. 2. Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:
2.14 Subd. 2a.
Electronic monitoring; condition of pretrial release. (a) Until
the
2.15commissioner of corrections a judicial district has adopted standards
under paragraph
2.16(b) governing electronic monitoring devices used to protect victims of domestic abuse,
2.17the a court
within the judicial district, as a condition of release, may not order a person
2.18arrested for a crime described in section
609.135, subdivision 5a, paragraph (b), to use an
2.19electronic monitoring device to protect a victim's safety.
2.20(b)
Notwithstanding paragraph (a), district courts in the Tenth Judicial District may
2.21order, as a condition of a release, a person arrested on a charge of a crime described
2.22in section
609.135, subdivision 5a, paragraph (b), to use an electronic monitoring
2.23device to protect the victim's safety. The courts shall make data on the use of electronic
2.24monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.25the commissioner of corrections to evaluate and to aid in development of standards for the
2.26use of devices to protect victims of domestic abuse. The chief judge of a judicial district
2.27may appoint and convene an advisory group to develop and biennially update standards
2.28for the use of electronic monitoring and global positioning system devices to protect
2.29victims of domestic abuse. The advisory group must be comprised of representatives
2.30from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
2.31probation, judges, and crime victim organizations, and include an industry representative
2.32with expertise in global positioning system devices. At a minimum, the standards must:
2.33(1) require a judge to order only the use of active, real-time monitoring;
2.34(2) require that the victim be provided with information on the risks and benefits of
2.35using active, real-time monitoring and a notice outlining the district's standards;
3.1(3) require informed, voluntary consent by the victim before the defendant may be
3.2released on electronic monitoring, and provide for time-sensitive procedures if a victim
3.3withdraws consent;
3.4(4) address financial costs to the defendants and victims;
3.5(5) promote policies and procedures that eliminate disproportionate impact adverse
3.6to underrepresented groups and populations; and
3.7(6) provide for ongoing training and consultation with the advisory group members
3.8to continually improve victim safety and defendant accountability.
3.9(c) The location data associated with the victim are security information as defined
3.10in section 13.37. Location data maintained by a law enforcement agency, probation
3.11authority, prosecutorial agency, or court services department may be shared among those
3.12agencies to develop and monitor conditions of release under this section.
3.13EFFECTIVE DATE.This section is effective retroactively from January 15, 2014.
3.14 Sec. 3.
REPEALER.
3.15Minnesota Statutes 2012, section 611A.07, is repealed.
3.16EFFECTIVE DATE.This section is effective the day following final enactment."
3.17Delete the title and insert:
3.19relating to public safety; requiring judicial districts to establish minimum
3.20standards as a condition to using GPS to monitor domestic abuse offenders;
3.21protecting victim location data;amending Minnesota Statutes 2012, sections
3.22609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes
3.232012, section 611A.07."