HF 1021

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to corrections; authorizing arrest of a person who escapes from custody
on an allegation or adjudication of a delinquent act; amending Minnesota Statutes
2008, section 629.34, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:

Subdivision 1.

Peace officers.

(a) A peace officer, as defined in section 626.84,
subdivision 1, clause (c), who is on or off duty within the jurisdiction of the appointing
authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
629.40, may arrest a person without a warrant as provided under paragraph (c).

(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
who is on duty within the jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
without a warrant as provided under paragraph (c).

(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
or (b) to make an arrest without a warrant may do so under the following circumstances:

(1) when a public offense has been committed or attempted in the officer's presence;

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

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

(4) upon a charge based upon reasonable cause of the commission of a felony by
the person arrested;

(5) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section new text begin 609.485, subdivision 4 new text end new text begin , paragraph (a), clause
(3), as applies to a person who escapes from custody on an allegation or adjudication of a
delinquent act, new text end 609.52, 609.595, 609.631, 609.749, or 609.821; or

(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of a restraining order or no contact order previously issued by a court.

(d) To make an arrest authorized under this subdivision, the officer may break open
an outer or inner door or window of a dwelling house if, after notice of office and purpose,
the officer is refused admittance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
persons escaping from custody on or after that date.
new text end