A bill for an act
relating to public safety; providing for personal service of orders for protection,
restraining orders, and related notices; requiring law enforcement officers to make
reasonable efforts to locate respondents; allowing service of certain orders for
protection and harassment restraining orders to be served by mail; authorizing
service by mail of orders dismissing harassment restraining orders; requiring
probation agents and others to assist law enforcement officers in locating
respondents; requiring that notice of served orders for protection or harassment
restraining orders be provided to probation officers; amending Minnesota Statutes
2022, sections 518B.01, subdivisions 3a, 8, 9, 9a; 609.748, subdivisions 3a, 5, 5b,
by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 518B.01, subdivision 3a, is amended to read:


Subd. 3a.

Filing fee.

The filing fees for an order for protection under this section are
waived for the petitioner and respondent. deleted text begin The court administrator, the sheriff of any county
in this state, and other law enforcement and corrections officers shall perform their duties
relating to service of process without charge to the petitioner. The court shall direct payment
of the reasonable costs of service of process if served by a private process server when the
sheriff or other law enforcement or corrections officer is unavailable or if service is made
by publication, without requiring the petitioner to make application under section 563.01.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 518B.01, subdivision 8, is amended to read:


Subd. 8.

Service; alternate service; publication; notice.

(a) The petition and any order
issued under this section other than orders for dismissal shall be served on the respondent
personallynew text begin , or if the respondent appears remotely for a hearing and is notified at the hearing
by the judicial officer that an order for protection will be issued, the order may be served
on the respondent electronically or by first class mail, as ordered by the court
new text end . Orders for
dismissal may be served personally or by certified mail. In lieu of personal service of an
order for protection, a law enforcement officer may serve a person with a short-form
notification as provided in subdivision 8a.

(b) When service is made out of this state and in the United States, it may be proved by
the affidavit of the person making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making the service, taken before and
certified by any United States minister, charge d'affaires, commissioner, consul, or
commercial agent, or other consular or diplomatic officer of the United States appointed to
reside in the other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer an oath with
the certificate of an officer of a court of record of the country in which the affidavit is taken
as to the identity and authority of the officer taking the affidavit.

(c) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means, or by publication, which publication
must be made as in other actions. The application for alternate service must include the last
known location of the respondent; the petitioner's most recent contacts with the respondent;
the last known location of the respondent's employment; the names and locations of the
respondent's parents, siblings, children, and other close relatives; the names and locations
of other persons who are likely to know the respondent's whereabouts; and a description of
efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown,
the likelihood that the respondent's location will become known, the nature of the relief
sought, and the nature of efforts made to locate the respondent. The court shall order service
by first class mail, forwarding address requested, to any addresses where there is a reasonable
possibility that mail or information will be forwarded or communicated to the respondent.

The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.

(d) A petition and any order issued under this section, including the short-form
notification, must include a notice to the respondent that if an order for protection is issued
to protect the petitioner or a child of the parties, upon request of the petitioner in any
parenting time proceeding, the court shall consider the order for protection in making a
decision regarding parenting time.

Sec. 3.

Minnesota Statutes 2022, section 518B.01, subdivision 9, is amended to read:


Subd. 9.

Assistance of sheriff deleted text begin in service or executiondeleted text end new text begin ; possession of dwelling or
residence
new text end .

When an order is issued under this section upon request of the petitioner, the
court shall order the sheriff to accompany the petitioner and assist in placing the petitioner
in possession of the dwelling or residencedeleted text begin , or otherwise assist in execution or service of the
order of protection. If the application for relief is brought in a county in which the respondent
is not present, the sheriff shall forward the pleadings necessary for service upon the
respondent to the sheriff of the county in which the respondent is present. This transmittal
must be expedited to allow for timely service
deleted text end .

Sec. 4.

Minnesota Statutes 2022, section 518B.01, subdivision 9a, is amended to read:


Subd. 9a.

new text begin Personal new text end service deleted text begin by othersdeleted text end new text begin ; procedures; cost; reasonable efforts and
cooperation required
new text end .

new text begin (a) Where personal service is required under this section, service
must comply with subdivision 8 and rule 4.03 of the Rules of Civil Procedure.
new text end

new text begin (b) Upon request of the petitioner or order of the court, the sheriff of any county in this
state in which a respondent resides or is present must execute or serve any petition, ex parte
order, notice of hearing, order for protection, and any other order of a court on the respondent.
If the application for relief is brought in a county in which the respondent is not present,
the sheriff of the county where the application for relief was brought shall forward the
pleadings necessary for service upon the respondent to the sheriff of the county in which
the respondent is present. This transmittal must be expedited to allow for timely service.
new text end

new text begin (c) new text end Peace officers licensed by the state of Minnesota and corrections officers, including,
but not limited to, probation officers, court services officers, parole officers, and employees
of jails or correctional facilities, may serve an order for protectionnew text begin and must, to the extent
possible, provide any sheriff, law enforcement officer, or other peace officer attempting to
effectuate service with relevant information regarding where a respondent may be found,
such as the respondent's residence, the respondent's place of employment or schooling, or
other locations frequented by the respondent
new text end .

new text begin (d) The court administrator, the sheriff of any county in this state, and any other law
enforcement officer, peace officer, or corrections officer shall perform the duties relating
to service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement officer, peace officer, or corrections officer is unavailable or if
service is made by publication, without requiring the petitioner to make application under
section 563.01.
new text end

new text begin (e) A sheriff, law enforcement officer, or any other peace officer must make reasonable
efforts to locate a respondent to effectuate service. Reasonable efforts may include a search
of any information that is publicly available; a search of any government data in a database
to which the sheriff, law enforcement officer, or other peace officer has access, provided
the data is classified as public data on individuals as defined in section 13.02, subdivision
15, or is otherwise available to criminal justice agencies, as defined in section 13.02,
subdivision 3a; and communication with any court administrator, the sheriff of any county
in this state, and any other law enforcement officer, peace officer, or corrections officer.
new text end

new text begin (f) A sheriff, law enforcement officer, or any other peace officer who serves a respondent
who the sheriff or officer knows is on supervised probation with an ex parte order, order
for protection, or short-form notification must provide a copy of the served order or
notification to the respondent's probation officer.
new text end