SF 2686

2nd Engrossment - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to evidence; allowing police testimony on 
  1.3             information from confidential informants in forcible 
  1.4             entry and unlawful detainer actions; amending 
  1.5             Minnesota Statutes 1994, section 566.07. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 566.07, is 
  1.8   amended to read: 
  1.9      566.07 [ANSWER; TRIAL.] 
  1.10     (a) After the return of the summons, at the time and place 
  1.11  appointed therein, the defendant, on appearing, may answer the 
  1.12  complaint, and all matters in excuse, justification, or 
  1.13  avoidance of the allegations thereof shall be set up in the 
  1.14  answer; and thereupon the court shall hear and determine the 
  1.15  action, unless it shall adjourn the trial as provided in section 
  1.16  566.08, but either party may demand a trial by jury.  The 
  1.17  proceedings in such action shall be the same as in other civil 
  1.18  actions, except as in this chapter otherwise provided.  
  1.19     (b) In actions pursuant to section 504.181, the testimony 
  1.20  in court of sworn peace officers regarding the peace officer's 
  1.21  actions based on information from a confidential, reliable 
  1.22  informant is admissible without disclosing the identity of the 
  1.23  confidential, reliable informant or facts from which the 
  1.24  identity of the confidential, reliable informant could be 
  1.25  determined, and without a showing that the informant is 
  2.1   unavailable.  Before allowing the testimony in court under this 
  2.2   paragraph, the court may examine the peace officer in camera 
  2.3   without the presence of the parties in order to determine the 
  2.4   identity and assess the reliability of the informant. 
  2.5      (c) The court, in scheduling appearances and hearings under 
  2.6   this section, shall give priority to any unlawful detainer 
  2.7   brought under section 504.181, or on the basis that the tenant 
  2.8   is causing a nuisance or seriously endangers the safety of other 
  2.9   residents, their property, or the landlord's property. 
  2.10     Sec. 2.  [EFFECTIVE DATE.] 
  2.11     Section 1 is effective the day following final enactment.