SF 2150

as introduced - 90th Legislature (2017 - 2018) Posted on 03/17/2017 08:30am

A bill for an act
relating to public safety; including attempt to enter a school to school trespass
crime; increasing the penalty for trespassing on school property; amending
Minnesota Statutes 2016, section 609.605, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 609.605, subdivision 4, is amended to read:

Subd. 4.

Trespasses on school property.

(a) It is a new text begin gross new text end misdemeanor for a person to
new text begin attempt to enter, new text end enter new text begin , new text end or be found in a public or nonpublic elementary, middle, or secondary
school building unless the person:

(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee
of the school or school district;

(2) has permission or an invitation from a school official to be in the building;

(3) is attending a school event, class, or meeting to which the person, the public, or a
student's family is invited; or

(4) has reported the person's presence in the school building in the manner required for
visitors to the school.

(b) It is a new text begin gross new text end misdemeanor for a person to new text begin attempt to be on or new text end be on the roof of a public
or nonpublic elementary, middle, or secondary school building unless the person has
permission from a school official to be on the roof of the building.

(c) It is a gross misdemeanor for a group of three or more persons to new text begin attempt to enter,
new text end enter new text begin , new text end or be found in a public or nonpublic elementary, middle, or secondary school building
unless one of the persons:

(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee
of the school or school district;

(2) has permission or an invitation from a school official to be in the building;

(3) is attending a school event, class, or meeting to which the person, the public, or a
student's family is invited; or

(4) has reported the person's presence in the school building in the manner required for
visitors to the school.

new text begin (d) It is a gross misdemeanor for a person to use false pretenses to attempt to enter, enter,
or be found in a public or nonpublic elementary, middle, or secondary school building unless
the person is an enrolled student in, a parent or guardian of an enrolled student in, or an
employee of the school or school district.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end It is a new text begin gross new text end misdemeanor for a person to new text begin attempt to enter, new text end enter new text begin , new text end or be found on
school property within one year after being told by the school principal or the principal's
designee to leave the property and not to return, unless the principal or the principal's
designee has given the person permission to return to the property. As used in this paragraph,
"school property" has the meaning given in section 152.01, subdivision 14a, clauses (1) and
(3).

deleted text begin (e) deleted text end new text begin (f) new text end A school principal or a school employee designated by the school principal to
maintain order on school property, who has reasonable cause to believe that a person is
violating this subdivision may detain the person in a reasonable manner for a reasonable
period of time pending the arrival of a peace officer. A school principal or designated school
employee is not civilly or criminally liable for any action authorized under this paragraph
if the person's action is based on reasonable cause.

deleted text begin (f) deleted text end new text begin (g) new text end A peace officer may arrest a person without a warrant if the officer has probable
cause to believe the person violated this subdivision within the preceding four hours. The
arrest may be made even though the violation did not occur in the peace officer's presence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end