HF 31

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to criminal procedure; allowing arrest and 
  1.3             detention in lieu of citation and release for chronic 
  1.4             misdemeanor offenders; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 629. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [629.344] [CHRONIC MISDEMEANOR OFFENDERS; 
  1.8   ARREST AND DETENTION AUTHORIZED.] 
  1.9      Subdivision 1.  [ARRESTING OFFICER.] A peace officer acting 
  1.10  without a warrant who has probable cause to arrest a person for 
  1.11  a misdemeanor offense may arrest and take the person into 
  1.12  custody in lieu of issuing a citation if the peace officer has 
  1.13  reason to believe that the person has been arrested or cited for 
  1.14  two or more criminal offenses within the past 30 days. 
  1.15     Subd. 2.  [PLACE OF DETENTION.] When a person arrested 
  1.16  without a warrant for a misdemeanor offense is brought to a 
  1.17  place of detention, the officer in charge may detain the person 
  1.18  in lieu of issuing a citation if the officer has reason to 
  1.19  believe that the person has been arrested or cited for two or 
  1.20  more criminal offenses within the past 30 days. 
  1.21     Sec. 2.  [CRIMINAL RULE SUPERSEDED.] 
  1.22     Rule 6.01, subdivision 1, of the Rules of Criminal 
  1.23  Procedure is superseded to the extent of its conflict with 
  1.24  section 1. 
  1.25     Sec. 3.  [EFFECTIVE DATE.] 
  2.1      Sections 1 and 2 are effective August 1997, and apply to 
  2.2   crimes committed on or after that date.