| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.135.5a

Statute ID: 18434

Statute Function ID: 37716

Stay of Imposition or Execution of Sentence - Domestic Abuse Victims; Electronic Monitoring

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.135.5a

Enactment Date:

Jun 30, 2021

Effective Date:

Sep 15, 2021

Expiration Date:

Repealed?:

Summary Text:

Stay of Imposition or Execution of Sentence - Domestic Abuse Victims; Electronic Monitoring

Statute ID:

18434

Created:

Sep 10, 2021 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 12, 2021 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Minor corrections to legislative text per Revisor. No new effective date.

Summary Text:

Stay of Imposition or Execution of Sentence - Domestic Abuse Victims; Electronic Monitoring

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/135.html

Legislative Session:

2021 - Special 1

Session Law Text?:

Statute text last updated on:

Nov 12, 2021

(a) Until a judicial district has adopted standards under section 629.72, subdivision 2a, paragraph (b), governing electronic monitoring devices used to protect victims of domestic abuse, a court within the judicial district, as a condition of a stay of imposition or execution of a sentence, may not order an offender convicted of a crime described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.

(b) This subdivision applies to the following crimes, if committed by the defendant against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223, or 609.224; or domestic assault under section 609.2242;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section 609.342, 609.343, 609.344, 609.345, or 609.3451, or sexual extortion under section 609.3458;

(9) terroristic threats under section 609.713;

(10) harassment or stalking under section 609.749;

(11) violations of harassment restraining orders under section 609.748;

(12) violations of domestic abuse no contact orders under section 629.75; and

(13) interference with an emergency call under section 609.78, subdivision 2.

(c) The location data associated with the victim and offender are security information as defined in section 13.37. Location data maintained by a law enforcement agency, probation authority, prosecutorial agency, or court services department may be shared among those agencies to develop and monitor conditions of a stayed sentence under this section.

(d) A violation of a location restriction by an offender in a situation involving a victim and offender who are both mobile does not automatically constitute a violation of the conditions of the offender's stayed sentence.