HF 2539

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/17/2021 01:35pm

A bill for an act
relating to public safety; providing for sign and release warrants; proposing coding
for new law in Minnesota Statutes, chapter 629.

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

Section 1.

new text begin [629.415] PROCEEDINGS ON SUMMONS TO APPEAR.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance of summons to appear. new text end

new text begin A court may issue a summons in
accordance with rule 3.01 of the Rules of Criminal Procedure to notify a person charged
with a criminal offense of the need to appear at a certain time and place to answer the charge.
new text end

new text begin Subd. 2. new text end

new text begin Service of summons. new text end

new text begin A summons may be served in accordance with rule 3.03
of the Rules of Criminal Procedure. The court shall record the manner in which the summons
was served and, if the summons was served by mailing it to the defendant's last known
address, the court shall record whether the summons was returned as undeliverable.
new text end

new text begin Subd. 3. new text end

new text begin Failure to appear; issuance of a sign and release warrant. new text end

new text begin (a) Unless a
prosecutor makes the showing described in subdivision 5, the court shall issue a sign and
release warrant if:
new text end

new text begin (1) the court issued a summons;
new text end

new text begin (2) the defendant failed to appear at the time and place identified in the summons;
new text end

new text begin (3) the defendant had not previously failed to appear in the same case; and
new text end

new text begin (4) the defendant is charged with a misdemeanor offense other than a violation of section
518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.224
(fifth-degree assault); 609.2242 (domestic assault); 609.748, subdivision 6 (violation of
harassment restraining order); or 629.75 (violation of domestic abuse no contact order).
new text end

new text begin (b) A sign and release warrant shall not require the defendant to post bail or comply
with any other conditions of release. A sign and release warrant does not authorize the arrest
of the defendant.
new text end

new text begin (c) Any court record provided or made available to a law enforcement agency shall
indicate that the warrant is a sign and release warrant.
new text end

new text begin Subd. 4. new text end

new text begin Failure to appear; issuance of a book and release warrant. new text end

new text begin (a) Unless a
prosecutor makes the showing described in subdivision 5, the court shall issue a book and
release warrant if:
new text end

new text begin (1) the court issued a summons;
new text end

new text begin (2) the defendant failed to appear at the time and place identified in the summons;
new text end

new text begin (3) the defendant had not previously failed to appear in the same case; and
new text end

new text begin (4) the defendant is charged with a gross misdemeanor offense other than a violation of
section 169A.20 (driving while impaired); 518B.01, subdivision 14 (violation of domestic
abuse order for protection); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.377 (malicious punishment of a child); 609.748, subdivision
6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78,
subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination
of private sexual images); or 629.75 (violation of domestic abuse no contact order).
new text end

new text begin (b) A book and release warrant shall require that the defendant be taken to an appropriate
facility for booking but shall not require the defendant to post bail or comply with any other
conditions of release.
new text end

new text begin (c) Any court record provided or made available to a law enforcement agency shall
indicate that the warrant is a book and release warrant.
new text end

new text begin Subd. 5. new text end

new text begin When bail may be required. new text end

new text begin The court may issue a warrant that requires the
defendant to post bail or comply with other conditions of release if a prosecutor shows, by
a preponderance of the evidence, that bail is necessary:
new text end

new text begin (1) for the safety of a victim;
new text end

new text begin (2) because a defendant poses a risk to public safety; or
new text end

new text begin (3) because the defendant otherwise poses a danger to self or others.
new text end

new text begin Subd. 6. new text end

new text begin Sign and release warrant; law enforcement duties. new text end

new text begin (a) When a peace officer
encounters a defendant who is the subject of a sign and release warrant, the officer shall
inform the defendant of the missed court appearance and provide a new notice that includes
a time to appear.
new text end

new text begin (b) Notice of the new time to appear shall be made in writing and must include the court
file number. The defendant may be asked to sign a form acknowledging receipt of the notice.
A defendant may not be required to sign the acknowledgment, but the peace officer or other
employee may indicate that a notice was given and that the defendant refused to sign.
new text end

new text begin (c) After providing the notice, the peace officer shall release the defendant at the scene.
new text end

new text begin (d) As soon as practicable after providing the notice, the peace officer shall:
new text end

new text begin (1) inactivate the warrant or direct the appropriate office or department to inactivate the
warrant; and
new text end

new text begin (2) submit a form or other notification that can be filed in the court's electronic filing
system that includes the court case number, updates the defendant's personal contact
information, and indicates that the defendant received notice of the new time to appear.
new text end

new text begin Subd. 7. new text end

new text begin Book and release warrant; law enforcement duties. new text end

new text begin (a) When a peace officer
encounters a defendant who is the subject of a book and release warrant, the officer shall
inform the defendant of the missed court appearance, explain that the defendant will be
taken to be booked and released, and provide a new time to appear.
new text end

new text begin (b) The peace officer must transport the defendant to the appropriate facility for the
collection of finger and thumb prints, photographs, and any other information required to
be taken under section 299C.10.
new text end

new text begin (c) The peace officer or an employee of the facility responsible for booking the defendant
must provide notice of the new time to appear. Notice shall be made in writing and must
include the court file number. The defendant may be asked to sign a form acknowledging
receipt of the notice. A defendant may not be required to sign the acknowledgment, but the
peace officer or other employee may indicate that a notice was given and that the defendant
refused to sign.
new text end

new text begin (d) After the defendant has been booked and received notice of the new time to appear,
the defendant shall be released.
new text end

new text begin (e) As soon as practicable after providing the notice, the peace officer or other employee
shall:
new text end

new text begin (1) inactivate the warrant or direct the appropriate office or department to inactivate the
warrant; and
new text end

new text begin (2) submit a form or other notification that can be filed in the court's electronic filing
system that includes the court case number, updates the defendant's personal contact
information, and indicates that the defendant received notice of the new time to appear.
new text end

new text begin Subd. 8. new text end

new text begin Exception; lawful arrest. new text end

new text begin Nothing in this section prohibits a peace officer from
arresting a defendant for any lawful reason.
new text end

new text begin Subd. 9. new text end

new text begin Procedure to notify peace officers; scheduling new court dates. new text end

new text begin (a) By
January 1, 2023, the sheriff of every county, in coordination with the district court of that
county, shall develop a procedure to inform peace officers about the type of warrant issued
by the court and provide hearing dates for sign and release warrants and book and release
warrants.
new text end

new text begin (b) At a minimum, the procedure shall include:
new text end

new text begin (1) an office, department, or other entity that a peace officer can contact at any time to
determine the type of warrant issued by a court;
new text end

new text begin (2) if the warrant is a sign and release warrant or a book and release warrant, the ability
to obtain an updated time for a defendant to appear to answer the charge;
new text end

new text begin (3) the ability to inactivate a sign and release warrant or a book and release warrant after
a defendant has been notified of the new time to appear; and
new text end

new text begin (4) the ability to submit a form or other notification to the court's electronic filing system
updating the defendant's personal contact information and indicating that the defendant
received notice of the new time.
new text end

new text begin (c) The sheriff may develop forms to provide defendants with notice of the new time to
appear.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to warrants
issued on or after January 1, 2023.
new text end