HF 1798

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:21am

A bill for an act
relating to public safety; authorizing peace officers to perform a protective
pat-down search of a child stopped for certain violations in order to protect
the officer's safety; amending Minnesota Statutes 2010, section 260C.175,
subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 260C.175, subdivision 1, is amended to
read:

Subdivision 1.

Immediate custody.

No child may be taken into immediate custody
except:

(1) with an order issued by the court in accordance with the provisions of section
260C.151, subdivision 6, or Laws 1997, chapter 239, article 10, section 10, paragraph
(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance
with the provisions of section 260C.154;

(2) by a peace officer:

(i) when a child has run away from a parent, guardian, or custodian, or when the
peace officer reasonably believes the child has run away from a parent, guardian, or
custodian, but only for the purpose of transporting the child home, to the home of a
relative, or to another safe place, which may include a shelter care facility; deleted text begin or
deleted text end

(ii) new text begin when a child is lawfully stopped for an offense which would not constitute a
violation of a state law or local ordinance if the child were an adult, but only for the
purpose of transporting the child home, to the home of a relative, or to another safe place,
which may include a shelter care facility; or
new text end

new text begin (iii) new text end when a child is found in surroundings or conditions which endanger the child's
health or welfare or which such peace officer reasonably believes will endanger the child's
health or welfare. If an Indian child is a resident of a reservation or is domiciled on a
reservation but temporarily located off the reservation, the taking of the child into custody
under this clause shall be consistent with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1922;

(3) by a peace officer or probation or parole officer when it is reasonably believed
that the child has violated the terms of probation, parole, or other field supervision; or

(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.