HF 69

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to criminal justice; providing that certain violent offenders consent to
on-demand searches as a condition of being released on probation, supervised
release, or parole; amending Minnesota Statutes 2008, sections 244.05, by adding
a subdivision; 609.135, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 244.05, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin On-demand searches. new text end

new text begin (a) This subdivision applies to inmates who were
convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving
the sale, use, or possession of a controlled substance or a dangerous weapon.
new text end

new text begin (b) When an inmate is released on supervised release or parole, the inmate, as a
condition of release, consents to a search of the inmate's person and any motor vehicle
in which the inmate is found. The search may be conducted on demand by a peace
officer who knows that the person is subject to search under this subdivision. A peace
officer's knowledge of the offender's status may be based on information provided by the
offender's probation agent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
persons placed on supervised release or parole on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin On-demand searches. new text end

new text begin (a) This subdivision applies to offenders who are
convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or
possession of a controlled substance or a dangerous weapon.
new text end

new text begin (b) When an offender is placed on probation, the offender, as a condition of being
released on probation, consents to a search of the offender's person and any motor vehicle
in which the offender is found. The search may be conducted on demand by a peace
officer who knows that the person is subject to search under this subdivision. A peace
officer's knowledge of the offender's status may be based on information provided by the
offender's probation agent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
offenders placed on probation on or after that date.
new text end