Bill Text: MN HF1798 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Peace officers authorized to perform a protective pat-down search of a child stopped for violations in order to protect the officer's safety.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-24 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF1798 Detail]
Download: Minnesota-2011-HF1798-Introduced.html
1.2relating to public safety; authorizing peace officers to perform a protective
1.3pat-down search of a child stopped for certain violations in order to protect
1.4the officer's safety;amending Minnesota Statutes 2010, section 260C.175,
1.5subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 260C.175, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Immediate custody. No child may be taken into immediate custody
1.10except:
1.11(1) with an order issued by the court in accordance with the provisions of section
1.12260C.151, subdivision 6
, or Laws 1997, chapter 239, article 10, section 10, paragraph
1.13(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
1.14with the provisions of section260C.154 ;
1.15(2) by a peace officer:
1.16(i) when a child has run away from a parent, guardian, or custodian, or when the
1.17peace officer reasonably believes the child has run away from a parent, guardian, or
1.18custodian, but only for the purpose of transporting the child home, to the home of a
1.19relative, or to another safe place, which may include a shelter care facility;or
1.20(ii) when a child is lawfully stopped for an offense which would not constitute a
1.21violation of a state law or local ordinance if the child were an adult, but only for the
1.22purpose of transporting the child home, to the home of a relative, or to another safe place,
1.23which may include a shelter care facility; or
1.24(iii) when a child is found in surroundings or conditions which endanger the child's
1.25health or welfare or which such peace officer reasonably believes will endanger the child's
2.1health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
2.2reservation but temporarily located off the reservation, the taking of the child into custody
2.3under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
2.4States Code, title 25, section 1922;
2.5(3) by a peace officer or probation or parole officer when it is reasonably believed
2.6that the child has violated the terms of probation, parole, or other field supervision; or
2.7(4) by a peace officer or probation officer under section260C.143, subdivision 1 or 4.
1.3pat-down search of a child stopped for certain violations in order to protect
1.4the officer's safety;amending Minnesota Statutes 2010, section 260C.175,
1.5subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 260C.175, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Immediate custody. No child may be taken into immediate custody
1.10except:
1.11(1) with an order issued by the court in accordance with the provisions of section
1.13(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
1.14with the provisions of section
1.15(2) by a peace officer:
1.16(i) when a child has run away from a parent, guardian, or custodian, or when the
1.17peace officer reasonably believes the child has run away from a parent, guardian, or
1.18custodian, but only for the purpose of transporting the child home, to the home of a
1.19relative, or to another safe place, which may include a shelter care facility;
1.20(ii) when a child is lawfully stopped for an offense which would not constitute a
1.21violation of a state law or local ordinance if the child were an adult, but only for the
1.22purpose of transporting the child home, to the home of a relative, or to another safe place,
1.23which may include a shelter care facility; or
1.24(iii) when a child is found in surroundings or conditions which endanger the child's
1.25health or welfare or which such peace officer reasonably believes will endanger the child's
2.1health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
2.2reservation but temporarily located off the reservation, the taking of the child into custody
2.3under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
2.4States Code, title 25, section 1922;
2.5(3) by a peace officer or probation or parole officer when it is reasonably believed
2.6that the child has violated the terms of probation, parole, or other field supervision; or
2.7(4) by a peace officer or probation officer under section
