HF 1520

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 11:43am

A bill for an act
relating to public safety; prohibiting private precharge programs; correcting
references; amending Minnesota Statutes 2016, section 629.366, subdivisions 1,
2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 629.366, subdivision 1, is amended to read:

Subdivision 1.

Circumstances justifying detention.

(a) A merchant or merchant's
employee may detain a person if the merchant or employee has reasonable cause to believe:

(1) that the person has taken, or is taking, an article of value without paying for it, from
the possession of the merchant in the merchant's place of business or from a vehicle or
premises under the merchant's control;

(2) that the taking is done with the intent to wrongfully deprive the merchant of the
property or the use or benefit of it; or

(3) that the taking is done with the intent to appropriate the use of the property to the
taker or any other person.

(b) Subject to the limitations in paragraph (a), a merchant or merchant's employee may
detain a person for any of the following purposes:

(1) to require the person to provide identification or verify identification;

(2) to inquire as to whether the person possesses unpurchased merchandise taken from
the merchant and, if so, to receive the merchandise; new text begin or
new text end

(3) to inform a peace officer deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) to institute criminal proceedings against the person.
deleted text end

(c) The person detained shall be informed promptly of the purpose of the detention and
may not be subjected to unnecessary or unreasonable force, nor to interrogation against the
person's will. A merchant or merchant's employee may not detain a person for more than
one hour unless:

(1) the merchant or employee is waiting to surrender the person to a peace officer, in
which case the person may be detained until a peace officer has accepted custody of or
released the person; or

(2) the person is a minor, or claims to be, and the merchant or employee is waiting to
surrender the minor to a peace officer or the minor's parent, guardian, or custodian, in which
case the minor may be detained until the peace officer, parent, guardian, or custodian has
accepted custody of the minor.

(d) If at any time the person detained requests that a peace officer be summoned, the
merchant or merchant's employee must notify a peace officer immediately.

Sec. 2.

Minnesota Statutes 2016, section 629.366, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Precharge program prohibited. new text end

new text begin (a) A merchant or merchant's employee
shall not refer the person detained to a precharge program on the condition that no police
report will be made or filed upon the person successfully completing the program.
new text end

new text begin (b) "Precharge program" means a behavioral modification or corrective education program
that operates without the involvement of the criminal justice system, regardless of the name
used to describe the program.
new text end

new text begin (c) An action, including an action in conciliation court, for the recovery of the cost of a
precharge program may be brought in the county where the plaintiff resides or where the
incident occurred, or in the county where the precharge program is located. In addition to
the actual damages and any other relief available under law, the court may award a civil
penalty of $500 to a prevailing plaintiff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 629.366, subdivision 2, is amended to read:

Subd. 2.

Arrest.

Upon deleted text begin a charge deleted text end new text begin an allegation new text end being made by a merchant or merchant's
employee, a peace officer may arrest a person without a warrant, if the officer has reasonable
cause for believing that the person has committed or attempted to commit the offense
described in subdivision 1.