DOMESTIC ABUSE
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org

I. ARREST WITHOUT WARRANT
Chapter 59, Article 2, Section 3 (HF 1301)
Amends Minn. Stat. § 629.341, subd. 1
Effective July 1, 2009

Expands the period of time within which a peace officer can make a probable cause warrantless arrest from 12 to 24 hours after an alleged perpetrator committed an act of domestic abuse.

II. DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
Chapter 59, Article 2, Section 2 (HF 1301)
Adds Minn. Stat. § 611A.203
Effective August 1, 2009

A. Establishment of Review Teams
Permits judicial districts to create Domestic Fatality Review Teams to review domestic violence deaths in that district for the purpose of developing policies and recommendations for community prevention and intervention initiatives. Requires an annual report to the House and Senate Public Safety Committees, with distribution to the Governor, Attorney General, Supreme Court, County Board, and District Court if a team is established.
Adds Minn. Stat. § 611A.203, subd. 1 (establishment)
Adds Minn. Stat. § 611A.203, subd. 7 (annual report)

B. Definition of Domestic Violence Death
Defines domestic violence death as a homicide or suicide under any one of several circumstances, including where: (1) the alleged perpetrator and victim lived together at any time, had a child together, or were married, separated, or divorced; (2) the alleged perpetrator and victim had a sexual or significant romantic relationship; or (3) the homicide victim lived in the same household, worked with the alleged perpetrator, or was threatened by the alleged perpetrator. Directs the court to interpret the definition broadly.
Adds Minn. Stat. § 611A.203, subd. 2

C. Team Membership
Directs the chief judge, in consultation with the family violence coordinating council, to appoint members. Requires the membership to include, among others: (1) the medical examiner; (2) a county and city attorney; (3) a public defender; (4) a representative from family court services and the domestic abuse service center; (5) the Department of Corrections; and (5) a judicial officer (judge or referee); (6) public citizen or civic organization representative; and (7) at least three domestic violence advocates or shelter workers. Allows other members to be invited on an ad hoc basis.
Adds Minn. Stat. § 611A.203, subd. 3

D. Duties and Privileges
Directs the team to review death records, reports, medical and counseling records, victim service records, child abuse reports, employment reports, and any other relevant information to the causes and manner of domestic violence deaths. Grants statutory authority to the team for access to "not public data," including investigative records (including inactive cases), autopsy records, social services records related to the victim, perpetrator or another victim, child maltreatment records, and medical records. Grants rights to compel records through a civil subpoena.
Adds Minn. Stat. § 611A.203, subd. 4

E. Records and Proceedings
Categorizes team records and provides that proceedings are confidential or not public data, and not subject to discovery or introduction in any civil or criminal proceeding. Grants team members statutory immunity, provided they act in good faith. Requires the team's report to be publically available.
Adds Minn. Stat. § 611A.203, subd. 4 (duties; access to data)
Adds Minn. Stat. § 611A.203, subd. 5 (confidentiality; data privacy)
Adds Minn. Stat. § 611A.203, subd. 6 (immunity)
Adds Minn. Stat. § 611A.203, subd. 7 (evaluation and report)

III. SAFE AT HOME PROGRAM CHANGES
Chapter 105 (HF 1677)
Amends Minn. Stat. §§ 5B.02; 5B.07, subd. 1; and 13.805
Adds Minn. Stat. § 5B.10
Effective May 20, 2009

A. Eligibility to Participate in Program
Excludes from the program any person required to register as a predatory offender.
Amends Minn. Stat. § 5B.02(b)

B. Landlord Duties and Restrictions
Permits disclosure by a landlord of a participant's name and address to the local government entity only if the participant is alleged to have violated: (1) the health, building or fire code; or (2) a city ordinance. Classifies data maintained by the local government entity as private data. Prohibits landlords or public ordinances from requiring display of a participant's name at an address protected under the program if the participant notifies the landlord of: (1) the participant's participation in the program; and (2) the statutory prohibition on displaying the name and address, and the limited grounds for releasing the participant's name and address.
Amends Minn. Stat. 5B.07, subd. 1 (classification of data)
Adds Minn. Stat. § 5B.10, subd. 1 (display of information by landlord)
Adds Minn. Stat. § 5B.10, subd. 2 (release of information by landlord)

IV. VICTIM NOTIFICATION
Chapter 59, Article 2, Section 1 (HF 1301)
Amends Minn. Stat. § 611A.0315, subd. 1
Effective July 1, 2009

Expands requirement for prosecutor to notify victims of alleged criminal sexual conduct of the ability and process to obtain an Order for Protection as part of the notification of a decision not to prosecute. (Current law requires this notice only in cases of domestic assault and harassment.)