Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 226--S.F.No. 297
           An act relating to criminal justice; authorizing peace 
          officers to make arrests based on probable cause in 
          cases of domestic assault; requiring peace officers to 
          notify victims of domestic assault of the legal 
          remedies available; requiring written reports of 
          alleged domestic violence incidents; requiring peace 
          officer training; requiring service of certain orders 
          for protection upon arrested persons; amending 
          Minnesota Statutes 1982, sections 629.341; 629.72, by 
          adding a subdivision; and Laws 1983, chapter 52, by 
          adding a section. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 629.341, is 
amended to read: 
    Subdivision 1.  [ARREST.] Notwithstanding the provisions of 
section 629.34 or any other law or rule to the contrary, a peace 
officer may arrest without a warrant a person anywhere, 
including at his place of residence if the peace officer has 
probable cause to believe the person within the preceding four 
hours has assaulted, threatened with a dangerous weapon, or 
placed in fear of immediate bodily harm his spouse or, former 
spouse, other person with whom he resides or has formerly 
resided, although the assault did not take place in the presence 
of the peace officer.  A peace officer may not arrest a person 
pursuant to this section without first observing recent physical 
injury to, or impairment of physical condition of the alleged 
victim.  
    Subd. 2.  [IMMUNITY.] Any peace officer acting in good 
faith and exercising due care in the making of an arrest 
pursuant to subdivision 1 shall have immunity from civil 
liability that otherwise might result by reason of his action.  
    Subd. 3.  [NOTICE OF RIGHTS.] The peace officer shall 
advise the victim of the availability of a shelter or other 
services in the community and give the victim immediate notice 
of the legal rights and remedies available.  The notice shall 
include furnishing the victim a copy of the following statement: 
    "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask 
the city or county attorney to file a criminal complaint.  You 
also have the right to go to court and file a petition 
requesting an order for protection from domestic abuse which 
could include the following:  (a) an order restraining the 
abuser from further acts of abuse; (b) an order directing the 
abuser to leave your household; (c) an order preventing the 
abuser from entering your residence, school, business, or place 
of employment; (d) an order awarding you or the other parent 
custody of or visitation with your minor child or children; (e) 
an order directing the abuser to pay support to you and the 
minor children if the abuser has a legal obligation to do so."  
    The notice shall include the resource listing, including 
telephone number, for the area battered women's shelter, to be 
designated by the department of corrections.  
    Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
investigates an allegation that an incident described in 
subdivision 1 has occurred, whether or not an arrest is made, 
the officer shall make a written police report of the alleged 
incident.  The officer must submit the report to his supervisor 
or other person to whom the employer's rules or policies require 
reports of similar allegations of criminal activity to be made.  
    Subd. 5.  [TRAINING.] The board of peace officer standards 
and training shall provide a copy of this section to every law 
enforcement agency in this state on or before June 30, 1983.  
    Upon request of the board of peace officer standards and 
training to the bureau of criminal apprehension, the subject 
matter of at least one training course must include instruction 
in the subject matter of domestic abuse.  Every basic skills 
course required in order to obtain initial licensure as a peace 
officer must, after January 1, 1985, include at least three 
hours of training in handling domestic violence cases.  
    Sec. 2.  Minnesota Statutes 1982, section 629.72, is 
amended by adding a subdivision to read: 
    Subd. 4.  [SERVICE OF ORDER FOR PROTECTION.] If an order 
for protection is issued pursuant to section 518B.01 while the 
arrested person is still in detention, the order shall be served 
upon the arrested person during detention if possible.  
    Sec. 3.  Laws 1983, chapter 52, is amended by adding a 
section to read:  
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective June 1, 1983. 
    Approved June 1, 1983