HF 1021

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to horse racing; card clubs; authorizing 
  1.3             licensee of commission to detain persons suspected of 
  1.4             cheating; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 240. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [240.35] [DETENTION OF SUSPECTS.] 
  1.8      Subdivision 1.  [GENERALLY.] A licensee of the commission 
  1.9   may detain a person if the licensee has reasonable cause to 
  1.10  believe that the person detained has violated section 609.76, 
  1.11  subdivisions 3 to 7.  For purposes of this section, "licensee" 
  1.12  means the commission's director of racing security or a security 
  1.13  officer licensed pursuant to Minnesota Rules, chapter 7878. 
  1.14     Subd. 2.  [CIRCUMSTANCES JUSTIFYING DETENTION.] (a) A 
  1.15  licensee may detain a person to: 
  1.16     (1) require the person to provide identification or to 
  1.17  verify identification; 
  1.18     (2) inquire as to whether the person possesses any 
  1.19  contraband as provided by section 609.762, subdivision 1; 
  1.20     (3) inform a peace officer; or 
  1.21     (4) institute criminal proceedings against the person.  
  1.22     (b) The person detained must be promptly informed of the 
  1.23  purpose of the detention and must neither be subjected to 
  1.24  unnecessary or unreasonable force nor interrogation against the 
  1.25  person's will.  If at any time the person detained requests the 
  2.1   licensee to summon a peace officer, the licensee must notify a 
  2.2   peace officer immediately.  A licensee of the Minnesota racing 
  2.3   commission must not detain a person for more than one hour 
  2.4   unless: 
  2.5      (1) the licensee is waiting to surrender the person to a 
  2.6   peace officer, in which case the person may be detained until 
  2.7   the peace officer has accepted custody of or released the 
  2.8   person; or 
  2.9      (2) the person is a minor and the licensee is waiting to 
  2.10  surrender the minor to a peace officer or the minor's parent, 
  2.11  guardian, or custodian, in which case the minor may be detained 
  2.12  until the peace officer, parent, guardian, or custodian has 
  2.13  accepted custody of the minor. 
  2.14     Subd. 3.  [ARREST.] Upon a charge being made by a licensee, 
  2.15  a peace officer may arrest a person without a warrant if the 
  2.16  officer has reasonable cause to believe that the person has 
  2.17  committed or attempted to commit an offense described in section 
  2.18  609.76, subdivisions 3 to 7. 
  2.19     Subd. 4.  [IMMUNITY.] No licensee or peace officer is 
  2.20  criminally or civilly liable for any action authorized by this 
  2.21  section if reasonable cause exists for the arresting person's 
  2.22  action.