SF 3710

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying the provision for 
  1.3             trespasses on school property; amending Minnesota 
  1.4             Statutes 1998, section 609.605, subdivision 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 609.605, 
  1.7   subdivision 4, is amended to read: 
  1.8      Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
  1.9   misdemeanor for a person to enter or be found in a public or 
  1.10  nonpublic elementary, middle, or secondary school building 
  1.11  unless the person: 
  1.12     (1) is an enrolled student in, a parent or guardian of an 
  1.13  enrolled student in, or an employee of the school or school 
  1.14  district; 
  1.15     (2) has permission or an invitation from a school official 
  1.16  to be in the building; 
  1.17     (3) is attending a school event, class, or meeting to which 
  1.18  the person, the public, or a student's family is invited; or 
  1.19     (4) has reported the person's presence in the school 
  1.20  building in the manner required for visitors to the school. 
  1.21     (b) It is a gross misdemeanor for a group of three or more 
  1.22  persons to enter or be found in a public or nonpublic 
  1.23  elementary, middle, or secondary school building unless one of 
  1.24  the persons: 
  1.25     (1) is an enrolled student in, a parent or guardian of an 
  2.1   enrolled student in, or an employee of the school or school 
  2.2   district; 
  2.3      (2) has permission or an invitation from a school official 
  2.4   to be in the building; 
  2.5      (3) is attending a school event, class, or meeting to which 
  2.6   the person, the public, or a student's family is invited; or 
  2.7      (4) has reported the person's presence in the school 
  2.8   building in the manner required for visitors to the school. 
  2.9      (c) It is a misdemeanor for a person to enter or be found 
  2.10  on school property within six months after being told by the 
  2.11  school principal or the principal's designee to leave the 
  2.12  property and not to return, unless the principal or the 
  2.13  principal's designee has given the person permission to return 
  2.14  to the property.  As used in this paragraph, "school property" 
  2.15  has the meaning given in section 152.01, subdivision 14a, 
  2.16  clauses (1) and (3), and "person" does not include a parent or 
  2.17  guardian of an enrolled student unless there is reasonable cause 
  2.18  to believe the safety of students or school personnel is 
  2.19  imminently threatened by the parent or guardian. 
  2.20     (d) A school principal or a school employee designated by 
  2.21  the school principal to maintain order on school property, who 
  2.22  has reasonable cause to believe that a person is violating this 
  2.23  subdivision may detain the person in a reasonable manner for a 
  2.24  reasonable period of time pending the arrival of a peace 
  2.25  officer.  A school principal or designated school employee is 
  2.26  not civilly or criminally liable for any action authorized under 
  2.27  this paragraph if the person's action is based on reasonable 
  2.28  cause. 
  2.29     (e) A peace officer may arrest a person without a warrant 
  2.30  if the officer has probable cause to believe the person violated 
  2.31  this subdivision within the preceding four hours.  The arrest 
  2.32  may be made even though the violation did not occur in the peace 
  2.33  officer's presence.