Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 433-S.F.No. 1398
           An act relating to criminal justice; permitting 
          misdemeanor arrests to be made at night in public 
          places; altering release and detention procedures in 
          certain cases; amending Minnesota Statutes 1982, 
          section 629.72, subdivisions 1 and 3; and Minnesota 
          Statutes 1983 Supplement, section 629.31. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
629.31, is amended to read:  
    629.31 [TIME OF ARREST.] 
    If the offense charged is a felony or gross misdemeanor, 
arrest may be made on any day and at any time of the day or 
night; if it is a misdemeanor, arrest shall not be made on 
Sunday or between the hours of 9:00 10:00 p.m. and 9:00 8:00 
a.m. on any other day unless upon the direction of the judge 
endorsed upon the warrant, or unless the person named in the 
warrant is found on a public highway or street. 
    Sec. 2.  Minnesota Statutes 1982, section 629.72, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DETENTION IN LIEU OF CITATION; RELEASE.] 
Notwithstanding any other law or rule to the contrary, an 
arresting officer may not issue a citation in lieu of arrest and 
detention to an individual charged with assaulting his spouse or 
other individual with whom he resides. 
    Notwithstanding any other law or rule to the contrary, an 
individual who is arrested on a charge of assaulting his spouse 
or other person with whom he resides shall be brought to the 
police station or county jail.  The officer in charge of the 
police station or the county sheriff in charge of the jail shall 
issue a citation in lieu of continued detention unless it 
reasonably appears to the officer or sheriff that detention is 
necessary to prevent bodily harm to the arrested person or 
another, or there is a substantial likelihood the arrested 
person will fail to respond to a citation. 
    If the arrested person is not issued a citation by the 
officer in charge of the police station or the county sheriff, 
he shall be brought before the nearest available judge of the 
county court or county municipal court in the county in which 
the alleged assault took place without unnecessary delay, but no 
more than 24 hours after his arrest, exclusive of Sundays and 
legal holidays as provided in court rule. 
    Sec. 3.  Minnesota Statutes 1982, section 629.72, 
subdivision 3, is amended to read: 
    Subd. 3.  [RELEASE AFTER 24 HOURS.] If the arrested person 
is not issued a citation by the officer in charge of the police 
station or the county sheriff pursuant to subdivision 1, and is 
not brought before a judge within the time limits prescribed in 
subdivision 1 court rule, he shall be released by the arresting 
authorities, and a citation shall be issued in lieu of continued 
detention. 
    Approved April 23, 1984