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HF 2281

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2014 08:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2014
1st Engrossment Posted on 04/01/2014
2nd Engrossment Posted on 04/09/2014

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; clarifying legislators' privilege from arrest; specifying
that driving while impaired constitutes a breach of the peace for purposes of
the Constitution; amending Minnesota Statutes 2012, section 3.151; proposing
coding for new law in Minnesota Statutes, chapters 3; 169A.

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

Section 1.

new text begin [3.022] REVIEW OF ARREST.
new text end

new text begin Any documentation issued by a government agency which reproduces the text of the
Minnesota Constitution, article IV, section 10, must include the following language: "Any
arrest under this provision is immediately reviewable before a neutral judicial officer."
new text end

Sec. 2.

Minnesota Statutes 2012, section 3.151, is amended to read:


3.151 DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.

new text begin (a) new text endA person is guilty of a gross misdemeanor who:

(1) willfully disturbs the legislature, or either house of it, while in session;

(2) commits disorderly conduct in the presence and view of either house, tending to
interrupt its proceedings or impair the respect due to its authority; or

(3) willfully, by intimidation or otherwise, prevents a member of the legislature from
attending a session of the member's house, or of a committee of it, or from giving the
member's vote upon a question which may come before the house, or from performing any
other official actnew text begin, including an arrest, or attempted arrest, of a member of the legislature by
a licensed peace officer for the primary purpose of delaying or preventing the performance
of any official act
new text end.

new text begin (b) Nothing in this section limits the authority of a licensed peace officer to arrest
or detain a member of the legislature, upon probable cause that the member has violated
any provision of chapter 169A while traveling to a session of the member's house, or of a
committee of it, provided that the arrest or detention is processed in an expedited manner
and the member is delivered to the sergeant-at-arms of the house of representatives or the
senate without unreasonable delay.
new text end

Sec. 3.

new text begin [169A.79] BREACH OF THE PEACE.
new text end

new text begin A crime, including a felony, gross misdemeanor, or misdemeanor constitutes a
breach of the peace for purposes of the Minnesota Constitution, article IV, section 10.
new text end

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