| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; modifying the definition of custodian for purposes of |
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| 3 | 3 | | 1.3 orders of protection; amending Minnesota Statutes 2024, section 518B.01, |
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| 4 | 4 | | 1.4 subdivision 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 518B.01, subdivision 2, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2.Definitions.As used in this section, the following terms shall have the meanings |
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| 8 | 8 | | 1.8given them: |
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| 9 | 9 | | 1.9 (a) "Domestic abuse" means the following, if committed against a family or household |
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| 10 | 10 | | 1.10member by a family or household member: |
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| 11 | 11 | | 1.11 (1) physical harm, bodily injury, or assault; |
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| 12 | 12 | | 1.12 (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or |
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| 13 | 13 | | 1.13 (3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal |
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| 14 | 14 | | 1.14sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or |
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| 15 | 15 | | 1.15609.3451; sexual extortion within the meaning of section 609.3458; or interference with an |
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| 16 | 16 | | 1.16emergency call within the meaning of section 609.78, subdivision 2. |
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| 17 | 17 | | 1.17 (b) "Family or household members" means: |
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| 18 | 18 | | 1.18 (1) spouses and former spouses; |
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| 19 | 19 | | 1.19 (2) parents and children; |
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| 20 | 20 | | 1.20 (3) persons related by blood; |
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| 21 | 21 | | 1.21 (4) persons who are presently residing together or who have resided together in the past; |
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| 22 | 22 | | 1Section 1. |
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| 36 | 32 | | 2.2or have lived together at any time; |
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| 37 | 33 | | 2.3 (6) a man and woman if the woman is pregnant and the man is alleged to be the father, |
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| 38 | 34 | | 2.4regardless of whether they have been married or have lived together at any time; and |
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| 39 | 35 | | 2.5 (7) persons involved in a significant romantic or sexual relationship. |
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| 40 | 36 | | 2.6 Issuance of an order for protection on the ground in clause (6) does not affect a |
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| 41 | 37 | | 2.7determination of paternity under sections 257.51 to 257.74. In determining whether persons |
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| 42 | 38 | | 2.8are or have been involved in a significant romantic or sexual relationship under clause (7), |
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| 43 | 39 | | 2.9the court shall consider the length of time of the relationship; type of relationship; frequency |
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| 44 | 40 | | 2.10of interaction between the parties; and, if the relationship has terminated, length of time |
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| 45 | 41 | | 2.11since the termination. |
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| 46 | 42 | | 2.12 (c) "Qualified domestic violence-related offense" has the meaning given in section |
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| 47 | 43 | | 2.13609.02, subdivision 16. |
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| 48 | 44 | | 2.14 (d) "Custodian" means any person other than the petitioner or respondent who is under |
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| 49 | 45 | | 2.15a legal obligation to provide care and support for a minor child of a petitioner or who is in |
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| 50 | 46 | | 2.16fact providing care and support for a minor child of a petitioner. Custodian does not include |
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| 51 | 47 | | 2.17any person caring for a minor child if the petitioner's parental rights have been terminated. |
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| 52 | 48 | | 2.18has: |
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| 53 | | - | 2.19 (1) physical or legal custody under section 257.541, subdivision 1, physical or legal |
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| 54 | | - | 2.20custody pursuant to any court order, or physical custody with the consent of a custodial |
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| 55 | | - | 2.21parent; or |
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| 56 | | - | 2.22 (2) court-ordered parenting time. |
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| 49 | + | 2.19 (1) physical or legal custody under section 257.541, subdivision 1, pursuant to any court |
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| 50 | + | 2.20order, or with the consent of a custodial parent; or |
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| 51 | + | 2.21 (2) court-ordered parenting time. |
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