Bill Text: MN SF2042 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Domestic abuse probable arrest provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-22 - HF substituted on General Orders HF2141 [SF2042 Detail]
Download: Minnesota-2013-SF2042-Engrossed.html
1.2relating to public safety; extending arrest without warrant to nonfelony violations
1.3of domestic court orders; extending time limit for probable cause arrests for
1.4domestic abuse;amending Minnesota Statutes 2012, sections 629.34, subdivision
1.51; 629.341, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 629.34, subdivision 1, is amended to read:
1.8 Subdivision 1. Peace officers. (a) A peace officer, as defined in section626.84,
1.9subdivision 1 , clause (c), who is on or off duty within the jurisdiction of the appointing
1.10authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
1.11629.40
, may arrest a person without a warrant as provided under paragraph (c).
1.12(b) A part-time peace officer, as defined in section626.84, subdivision 1 , clause (d),
1.13who is on duty within the jurisdiction of the appointing authority, or on duty outside the
1.14jurisdiction of the appointing authority pursuant to section629.40 may arrest a person
1.15without a warrant as provided under paragraph (c).
1.16(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
1.17or (b) to make an arrest without a warrant may do so under the following circumstances:
1.18(1) when a public offense has been committed or attempted in the officer's presence;
1.19(2) when the person arrested has committed a felony, although not in the officer's
1.20presence;
1.21(3) when a felony has in fact been committed, and the officer has reasonable cause
1.22for believing the person arrested to have committed it;
1.23(4) upon a charge based upon reasonable cause of the commission of a felony by
1.24the person arrested;
2.1(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
2.2gross misdemeanor violation of section 609.52,609.595 ,
609.631 ,
609.749 , or
609.821 ;
2.3(6) under circumstances described in clause (2), (3), or (4), when the offense is a
2.4nonfelony violation of section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75,
2.5subdivision 2, or a nonfelony violation of any other restraining order or no contact order
2.6previously issued by a court;or
2.7(7) under the circumstances described in clause (2), (3), or (4), when the offense is
2.8a gross misdemeanor violation of section609.485 and the person arrested is a juvenile
2.9committed to the custody of the commissioner of corrections.; or
2.10(8) if the peace officer has probable cause to believe that within the preceding 72
2.11hours, exclusive of the day probable cause was established, the person has committed
2.12nonfelony domestic abuse, as defined in section 518B.01, subdivision 2, even though the
2.13assault did not take place in the presence of the peace officer.
2.14(d) To make an arrest authorized under this subdivision, the officer may break open
2.15an outer or inner door or window of a dwelling house if, after notice of office and purpose,
2.16the officer is refused admittance.
2.17EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.18offenses committed on or after that date.
2.19 Sec. 2. Minnesota Statutes 2012, section 629.341, subdivision 1, is amended to read:
2.20 Subdivision 1. Arrest. Notwithstanding section629.34 or any other law or rule, a
2.21peace officer may arrest a person anywhere without a warrant, including at the person's
2.22residence, if the peace officer has probable cause to believe that within the preceding
2.2324 hours 72 hours, exclusive of the day probable cause was established, the person has
2.24committed nonfelony domestic abuse, as defined in section518B.01, subdivision 2 . The
2.25arrest may be made even though the assault did not take place in the presence of the
2.26peace officer.
2.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.28offenses committed on or after that date.
1.3of domestic court orders; extending time limit for probable cause arrests for
1.4domestic abuse;amending Minnesota Statutes 2012, sections 629.34, subdivision
1.51; 629.341, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 629.34, subdivision 1, is amended to read:
1.8 Subdivision 1. Peace officers. (a) A peace officer, as defined in section
1.9subdivision 1
1.10authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
1.12(b) A part-time peace officer, as defined in section
1.13who is on duty within the jurisdiction of the appointing authority, or on duty outside the
1.14jurisdiction of the appointing authority pursuant to section
1.15without a warrant as provided under paragraph (c).
1.16(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
1.17or (b) to make an arrest without a warrant may do so under the following circumstances:
1.18(1) when a public offense has been committed or attempted in the officer's presence;
1.19(2) when the person arrested has committed a felony, although not in the officer's
1.20presence;
1.21(3) when a felony has in fact been committed, and the officer has reasonable cause
1.22for believing the person arrested to have committed it;
1.23(4) upon a charge based upon reasonable cause of the commission of a felony by
1.24the person arrested;
2.1(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
2.2gross misdemeanor violation of section 609.52,
2.3(6) under circumstances described in clause (2), (3), or (4), when the offense is a
2.4nonfelony violation of section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75,
2.5subdivision 2, or a nonfelony violation of any other restraining order or no contact order
2.6previously issued by a court;
2.7(7) under the circumstances described in clause (2), (3), or (4), when the offense is
2.8a gross misdemeanor violation of section
2.9committed to the custody of the commissioner of corrections
2.10(8) if the peace officer has probable cause to believe that within the preceding 72
2.11hours, exclusive of the day probable cause was established, the person has committed
2.12nonfelony domestic abuse, as defined in section 518B.01, subdivision 2, even though the
2.13assault did not take place in the presence of the peace officer.
2.14(d) To make an arrest authorized under this subdivision, the officer may break open
2.15an outer or inner door or window of a dwelling house if, after notice of office and purpose,
2.16the officer is refused admittance.
2.17EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.18offenses committed on or after that date.
2.19 Sec. 2. Minnesota Statutes 2012, section 629.341, subdivision 1, is amended to read:
2.20 Subdivision 1. Arrest. Notwithstanding section
2.21peace officer may arrest a person anywhere without a warrant, including at the person's
2.22residence, if the peace officer has probable cause to believe that within the preceding
2.23
2.24committed nonfelony domestic abuse, as defined in section
2.25arrest may be made even though the assault did not take place in the presence of the
2.26peace officer.
2.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.28offenses committed on or after that date.
