HF 3118

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:30pm

A bill for an act
relating to public safety; repealing the authority of private citizens to make arrests;
amending Minnesota Statutes 2020, sections 84.0835, subdivision 2; 144.7401,
subdivision 4; 609.06, subdivision 1; 629.14; 629.30, subdivision 2; 629.36; 629.40,
subdivision 4; repealing Minnesota Statutes 2020, sections 629.37; 629.38; 629.39.

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

Section 1.

Minnesota Statutes 2020, section 84.0835, subdivision 2, is amended to read:

Subd. 2.

Designated employee authorities; generally.

An employee designated under
subdivision 1:

deleted text begin (1) has citizen arrest powers according to sections 629.37 to 629.39;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end may issue citations, on a form prescribed by the commissioner, deleted text begin in lieu of arrest deleted text end
for petty misdemeanor violations and misdemeanor violations, unless the violation occurs
in the presence of a conservation officer or other peace officer, as defined under section
626.84, subdivision 1, paragraph (c); and

deleted text begin (3) deleted text end new text begin (2) new text end may issue a report of violation to be turned over to a conservation officer or other
peace officer for possible charges at the peace officer's discretion.

Sec. 2.

Minnesota Statutes 2020, section 144.7401, subdivision 4, is amended to read:

Subd. 4.

Emergency medical services person.

"Emergency medical services person"
means:

(1) an individual employed or receiving compensation to provide out-of-hospital
emergency medical services such as a firefighter, paramedic, emergency medical technician,
licensed nurse, rescue squad person, or other individual who serves as an employee or
volunteer of an ambulance service as defined under chapter 144E or a member of an
organized first responder squad that is formally recognized by a political subdivision in the
state, who provides out-of-hospital emergency medical services during the performance of
the individual's duties;

(2) an individual employed as a licensed peace officer under section 626.84, subdivision
1;

(3) an individual employed as a crime laboratory worker while working outside the
laboratory and involved in a criminal investigation; new text begin and
new text end

(4) any individual who renders emergency care or assistance at the scene of an emergency
or while an injured person is being transported to receive medical care and who is acting
as a Good Samaritan under section 604A.01 deleted text begin ; and deleted text end
new text begin . new text end

deleted text begin (5) any individual who, in the process of executing a citizen's arrest under section 629.30,
may have experienced a significant exposure to a source individual.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 609.06, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Except as otherwise provided in subdivisions 2 and
3, reasonable force may be used upon or toward the person of another without the other's
consent when the following circumstances exist or the actor reasonably believes them to
exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(i) in effecting a lawful arrest; or

(ii) in the execution of legal process; or

(iii) in enforcing an order of the court; or

(iv) in executing any other duty imposed upon the public officer by law; or

deleted text begin (2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end when used by any person in resisting or aiding another to resist an offense against
the person; or

deleted text begin (4) deleted text end new text begin (3) new text end when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

deleted text begin (5) deleted text end new text begin (4) new text end when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

deleted text begin (6) deleted text end new text begin (5) new text end when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

deleted text begin (7) deleted text end new text begin (6) new text end when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

deleted text begin (8) deleted text end new text begin (7) new text end when used by a common carrier in expelling a passenger who refuses to obey a
lawful requirement for the conduct of passengers and reasonable care is exercised with
regard to the passenger's personal safety; or

deleted text begin (9) deleted text end new text begin (8) new text end when used to restrain a person with a mental illness or a person with a
developmental disability from self-injury or injury to another or when used by one with
authority to do so to compel compliance with reasonable requirements for the person's
control, conduct, or treatment; or

deleted text begin (10) deleted text end new text begin (9) new text end when used by a public or private institution providing custody or treatment
against one lawfully committed to it to compel compliance with reasonable requirements
for the control, conduct, or treatment of the committed person.

Sec. 4.

Minnesota Statutes 2020, section 629.14, is amended to read:

629.14 ARREST WITHOUT WARRANT.

The arrest of a person may be lawfully made also by any peace officer deleted text begin or a private person deleted text end ,
without a warrant upon reasonable information that the accused stands charged in the courts
of a state with a crime punishable by death or imprisonment for a term exceeding one year.
When arrested the accused must be taken before a judge with all practicable speed and
complaint must be made against the accused under oath setting forth the ground for the
arrest as in section 629.13. Thereafter the answer shall be heard as if the accused had been
arrested on a warrant.

Sec. 5.

Minnesota Statutes 2020, section 629.30, subdivision 2, is amended to read:

Subd. 2.

Who may arrest.

An arrest may be made:

(1) by a peace officer under a warrant;

(2) by a peace officer without a warrant;

(3) by an officer in the United States Customs and Border Protection or the United States
Citizenship and Immigration Services without a warrant deleted text begin ;
deleted text end new text begin . new text end

deleted text begin (4) by a private person.
deleted text end

A private person shall aid a peace officer in executing a warrant when requested to do
so by the officer.

Sec. 6.

Minnesota Statutes 2020, section 629.36, is amended to read:

629.36 deleted text begin PERMITTING BYSTANDER TO DELIVER ARRESTED PERSON TO
PEACE OFFICER deleted text end new text begin AUTHORITY OF JUDGE TO ORDER ARREST new text end .

deleted text begin When a bystander arrests a person for breach of the peace, the bystander may deliver
that person to a peace officer. The peace officer shall take the arrested person to a judge for
criminal processing. deleted text end When a public offense is committed in the presence of a judge, the
judge may, by written or verbal order, command any person to arrest the offender, and then
proceed as if the offender had been brought before the court on a warrant of arrest.

Sec. 7.

Minnesota Statutes 2020, section 629.40, subdivision 4, is amended to read:

Subd. 4.

Off-duty arrests outside jurisdiction.

A peace officer, as defined in section
626.84, subdivision 1, paragraph (c), who is off duty and outside of the jurisdiction of the
appointing authority but within this state may act pursuant to section 629.34 when and only
when confronted with circumstances that would permit the use of deadly force under section
609.066. deleted text begin Nothing in this subdivision limits an officer's authority to arrest as a private person. deleted text end
Nothing in this subdivision shall be construed to restrict the authority of a political
subdivision to limit the exercise of the power and authority conferred on its peace officers
by this subdivision.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 629.37; 629.38; and 629.39, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05463

629.37 WHEN PRIVATE PERSON MAY MAKE ARREST.

A private person may arrest another:

(1) for a public offense committed or attempted in the arresting person's presence;

(2) when the person arrested has committed a felony, although not in the arresting person's presence; or

(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.

629.38 PRIVATE PERSON TO DISCLOSE CAUSE OF ARREST.

Before making an arrest a private person shall inform the person to be arrested of the cause of the arrest and require the person to submit. The warning required by this section need not be given if the person is arrested while committing the offense or when the person is arrested on pursuit immediately after committing the offense. If a person has committed a felony, a private person may break open an outer or inner door or window of a dwelling house to make the arrest if, before entering, the private person informs the person to be arrested of the intent to make the arrest and the private person is then refused admittance.

629.39 PRIVATE PERSON MAKING ARREST TO DELIVER ARRESTEE TO JUDGE OR PEACE OFFICER.

A private person who arrests another for a public offense shall take the arrested person before a judge or to a peace officer without unnecessary delay. If a person arrested escapes, the person from whose custody the person has escaped may immediately pursue and retake the escapee, at any time and in any place in the state. For that purpose, the pursuer may break open any door or window of a dwelling house if the pursuer informs the escapee of the intent to arrest the escapee and the pursuer is refused admittance.