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Legislative Tracking Summary This year, with the assistance of the Minnesota Coalition for Battered Women, the PPA Committee has been tracking bills at the Minnesota legislature during the 2008 session that could have an impact on victims of domestic violence. We are
writing to provide a summary and status of Minnesota bills we’ve been tracking
this legislative session. In addition, we want to alert you to a very
important upcoming opportunity for advocacy on proposed budget cuts to crime
victim services that are being deliberated as part of the Omnibus Finance Bill.
When the Omnibus Bill is up for vote, we will be issuing a call-to-action to
contact your legislators. Bills Currently Pending in the Legislature Two of the bills we tracked are currently making their way through the legislature. 1. Senate Bill #3441 (Companion Bill, House #3850) – Extending Statutory Privileged Communications to Domestic Abuse Advocates. This bill, authored by Senator Mee Moua, extends statutory privilege to domestic violence advocates. A domestic violence advocate would not be compelled to disclose any opinion or information received from or about a victim without the consent of the victim. A court could compel the disclosure after conducting a balancing test. See below for a summary of the language added to MN Stat. 595.02, subdivision 1, Testimony of Witnesses. A
domestic abuse advocate may not be compelled to disclose any opinion or
information received
from or about the victim without the consent of the victim and by order
by the court. In determining whether to compel disclosure, the court shall weigh
the public interest and need for disclosure against the effect on the victim,
the relationship between the victim and domestic abuse advocate, and the
services if disclosure occurs.
Status: This bill was pulled from the Senate agenda in
order to clarify some grammatical issues. It is currently waiting to be heard
on the Senate floor. We are also waiting for it to be added to the House floor
session agenda. The bill passed in the Senate and the staff of one of the House
authors is working on getting it scheduled on the House floor calendar. Then
the bill will come up for a vote on the House floor.
2. Senate Bill #3492 (Companion bill, House #1625) – Permanent Order for Protection This bill, authored by Senator Tarryl Clark, amends the relief the court may order in a domestic abuse order for protection (and harassment restraining orders) The court may order no contact with the victim by any means (including telephone, mail, e-mail, etc.) and increases the maximum period for the order from one to two years. For subsequent orders for protection and extensions, the bill allows the courts to extend the duration of protection and restraining orders for up to 50 years, if the court finds multiple violations or continued threats. The bill allows orders to be vacated after five years if no violations of the order have occurred. The court must give conspicuous notice of the five year duration of the order before persons to be restrained can seek a modification.
Status: The bill passed in the Senate. The Senate
recommended the Senate and House versions of the bill to be referred to the
Chief Clerk for comparison. Tracked Bills Held Over: Other bills we tracked are currently being held over potentially for inclusion in other bills or until next year, including: 1. House #3102 – Pattern of Abuse Bill. Purpose: Seeks to clarify what is evidence of “previous incidents of” domestic abuse and child abuse.
Status: The bill was laid over for possible inclusion in
a Public Safety Finance supplemental budget bill. There was no Senate companion
bill; therefore this bill is effectively dead for this legislative session. 2. Senate # 3340 - Domestic Violence Awareness Month: Purpose: To increase awareness of the issues of domestic violence by making October domestic violence month. Status: This bill was introduced on March 11, too late to
be heard by a policy committee and acted on by the House. It is currently in
the Government Operations Committee. 3. House #3196 - Anti-Trafficking of Native American Women: Purpose: To address the problem of trafficking of American Indian Women and girls. The bill requires the inclusion of information on the trafficking of American Indian Women and girls in the commissioner of public safety’s annual report on human trafficking and appropriates money for research on the trafficking of American Indian Women and girls. Status: The bill was laid over for possible inclusion in a Public Safety Finance supplemental budget bill. The Senate did not have a hearing on the Senate version of the bill, so this bill is no longer viable for this legislative session. It will be reintroduced at the start of the 2009 Legislative Session.
Legislative Action We will keep you updated on developments regarding the above-referenced bills, as well as the proposed budget cuts to crime victim services that are being deliberated as part of the Omnibus Finance Bill. When the Omnibus Bill is up for vote, we will be issuing a call-to-action to contact your legislators. The Public Policy Committee will continue to alert MWL members about specific opportunities to participate in advocacy. We are interested in your feedback about current or potential future bills that could have an impact on pay equity, domestic violence, access to justice, or girl empowerment. Please contact the co-chairs of the Legislative Tracking Subcommittee, Rachel Johnson Hamlin at rehamlin@comcast.net or Megan Brennan at Megan.Brennan@leonard.com, with your suggestions. If you are interested in the above-referenced bills (or others), you can go to the website for the Minnesota Legislation and Bill Status: www.leg.state.mn.us/leg/legis.asp or to MyBills, which provides personalized bill tracking and e-mail and notification for current Minnesota Legislation, at www.house.leg.state.mn.us/leg/billsublogin.asp.
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