HF 2141

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:52pm

A bill for an act
relating to public safety; clarifying probable cause arrests for violations of
protection, restraining, and no contact orders; removing time limit for probable
cause arrests for domestic abuse; amending Minnesota Statutes 2012, sections
629.34, subdivision 1; 629.341, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, 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 609.52, 609.595, 609.631, 609.749, or 609.821;

(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of new text begin section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75,
subdivision 2, or new text end a new text begin nonfelony violation of any other new text end restraining order or no contact order
previously issued by a court; deleted text begin or
deleted text end

(7) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
committed to the custody of the commissioner of corrections deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) if the peace officer has probable cause to believe that the person has committed
domestic abuse, as defined in section 518B.01, subdivision 2, even though the assault did
not take place in the presence of the peace officer.
new text end

(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, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 629.341, subdivision 1, is amended to read:

Subdivision 1.

Arrest.

Notwithstanding section 629.34 or any other law or rule, a
peace officer may arrest a person anywhere without a warrant, including at the person's
residence, if the peace officer has probable cause to believe that deleted text begin within the preceding
24 hours deleted text end the person has committed domestic abuse, as defined in section 518B.01,
subdivision 2. The arrest may be made even though the assault did not take place in
the presence of the peace officer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end