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609.6057
Statute ID:
16699
Geographic restriction order
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.6057
Enactment Date:
May 30, 2017
Effective Date:
Aug 1, 2017
Expiration Date:
Repealed?:
No
Summary Text:
Geographic restriction order
Statute ID:
16699
Created:
Jul 11, 2017 by mnjis.legal.analyst@state.mn.us
Updated:
Jul 11, 2017 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
New 2017 c 95 art 3 sect 19
Summary Text:
Geographic restriction order
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/6057.html
Legislative Session:
2017 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 11, 2017
Subdivision 1. As used in this section, "geographic restriction" means a limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding from entering a designated property or geographic area. Subd. 2. A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor. Subd. 3. (a) A geographic restriction may be issued as a pretrial order before final disposition of the underlying criminal case, as a postconviction probationary order, or both. A geographic restriction order is independent of any condition of pretrial release or probation imposed on the defendant. A geographic restriction order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation. (b) A court may issue a geographic restriction upon a finding that its issuance will serve the interests of protecting public safety or property. In making that determination, a court shall consider the following factors: (1) whether a defendant's presence in a restricted area creates a risk to public safety or property; (2) a defendant's criminal history; (3) the likelihood of future criminal activity within the restricted area; and (4) any other factors deemed relevant by the court. (c) A court may grant any exceptions to a geographic restriction that it deems necessary in order to avoid the imposition of a significant hardship upon a defendant. In determining whether to grant an exception, a court shall also consider the impact of the exception on the interests of protecting public safety or property. (d) A geographic restriction order under this section shall be issued in a proceeding that is separate from but which may be held immediately following a proceeding in which any pretrial release or sentencing issues are decided. (e) A court issuing a geographic restriction order under this section shall notify a defendant: (1) of the area subject to a geographic restriction; and (2) that violation of the geographic restriction order is a crime.
