1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to courts; amending and deleting obsolete 1.3 references to the judicial system; clarifying warrant 1.4 issuance and service; amending Minnesota Statutes 1.5 2000, sections 609.103; 626.11; 626.13; repealing 1.6 Minnesota Statutes 2000, sections 260.022; 260.023; 1.7 260.024; 260.025; and 260B.193, subdivision 3; Laws 1.8 1997, chapter 239, article 3, section 23. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2000, section 609.103, is 1.11 amended to read: 1.12 609.103 [PAYMENT BY CREDIT CARD.] 1.13 The court may permit the defendant to pay any fine, 1.14 assessment, surcharge, attorney reimbursement obligation, or 1.15 restitution obligation by credit card. The discount fees 1.16 assessed by the credit card company shall be borne by the 1.17 county, except
in the eighth judicial district wherethat in a 1.18 judicial district under section 480.181, subdivision 1, 1.19 paragraph (b), the cost shall be borne by the state. 1.20 Sec. 2. Minnesota Statutes 2000, section 626.11, is 1.21 amended to read: 1.22 626.11 [ISSUANCE OF WARRANT.] 1.23 If the judge is satisfied of the existence of the grounds 1.24 of the application, or that there is probable cause to believe 1.25 their existence, the judge must issue a signed search warrant, 1.26 naming the judge's judicial office, to a peace officer in the1.27 judge's countyhaving jurisdiction in the area where the place 2.1 to be searched is located, to an agent of the bureau of criminal 2.2 apprehension, or to an agent of the division of alcohol and 2.3 gambling enforcement who is a licensed peace officer as defined 2.4 in section 626.84, subdivision 1, paragraph (c). The warrant 2.5 shall direct the officer or agent to search the person or place 2.6 named for the property or things specified, and to retain the 2.7 property or things in the officer's or agent's custody subject 2.8 to order of the court issuing the warrant. 2.9 Sec. 3. Minnesota Statutes 2000, section 626.13, is 2.10 amended to read: 2.11 626.13 [SERVICE; PERSONS MAKING.] 2.12 A search warrant may in all cases be served anywhere within 2.13 the issuing judge's countyjurisdiction by any of the officers 2.14 mentioned in its directions, but by no other person, except in 2.15 aid of the officer on the officer's requiring it, the officer 2.16 being present and acting in its execution. If the warrant is to 2.17 be served by an agent of the bureau of criminal apprehension, an 2.18 agent of the division of alcohol and gambling enforcement, a 2.19 state patrol trooper, or a conservation officer, the agent, 2.20 state patrol trooper, or conservation officer shall notify the 2.21 chief of police of an organized full-time police department of 2.22 the municipality or, if there is no such local chief of police, 2.23 the sheriff or a deputy sheriff of the county in which service 2.24 is to be made prior to execution. 2.25 Sec. 4. [REPEALER.] 2.26 (a) Minnesota Statutes 2000, sections 260.022; 260.023; 2.27 260.024; 260.025; and 260B.193, subdivision 3, are repealed. 2.28 (b) Laws 1997, chapter 239, article 3, section 23, is 2.29 repealed.