language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 449-H.F.No. 2056 An act relating to public safety; making it a crime for a driver to flee a peace officer from another state into Minnesota; authorizing a peace officer of another state to enter Minnesota in fresh pursuit for traffic and misdemeanor offenses; authorizing the admissibility of relevant evidence obtained in another state into evidence at Minnesota civil and criminal trials; granting peace officers of other states the authority to transport persons in legal custody under certain circumstances; amending Minnesota Statutes 1988, section 609.487, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 626 and 634. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 609.487, subdivision 2, is amended to read: Subd. 2. [PEACE OFFICER; DEFINITION.] For purposes of this section, "peace officer" means: (1) an employee of a political subdivision or state law enforcement agency who is licensed by the Minnesota board of peace officer standards and training, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota state patrol and Minnesota conservation officers
.; or (2) a member of a duly organized state, county, or municipal law enforcement unit of another state charged with the duty to prevent and detect crime and generally enforce criminal laws, and granted full powers of arrest. Sec. 2. [626.71] [FRESH PURSUIT IN NONFELONY SITUATIONS.] Subdivision 1. [DEFINITIONS.] As used in this section: (1) "Fresh pursuit" means fresh pursuit as defined by the common law and includes the pursuit of a person who has committed or is reasonably believed to have committed a violation in the presence of the peace officer. Fresh pursuit does not necessarily imply instant pursuit, but pursuit without unreasonable delay; (2) "Peace officer" means a member of a duly organized state, county, or municipal law enforcement unit; and (3) "Violation" includes gross misdemeanors, misdemeanors, and traffic violations. Subd. 2. [FRESH PURSUIT AUTHORITY.] A peace officer of another state who enters this state while on duty and in fresh pursuit, and who continues in fresh pursuit, of a person in order to arrest the person for a violation committed in the peace officer's presence, has the same authority to arrest and hold the person in custody as has any peace officer of this state if reciprocal fresh pursuit authority for that type of violation is extended to Minnesota peace officers by the pursuing officer's state. Sec. 3. [626.72] [PEACE OFFICERS; TRANSPORTATION FOR LAW ENFORCEMENT PURPOSES.] A peace officer, as defined in section 609.487, subdivision 2, clause (2), who enters this state to perform an assigned duty of transporting persons in legal custody for law enforcement purposes has the same authority to transport persons in legal custody as any member of any duly organized state, county, or municipal law enforcement unit of this state if a reciprocal right to transport persons in legal custody is extended to Minnesota peace officers by the peace officer's state or local jurisdiction. Sec. 4. [634.30] [EVIDENCE OBTAINED IN FOREIGN JURISDICTIONS.] Relevant evidence shall not be excluded in any criminal trial or hearing or in any proceeding arising under section 169.123 on the ground that it existed or was obtained outside of this state. Sec. 5. [EFFECTIVE DATE.] Sections 1 to 3 are effective August 1, 1990, and apply to crimes committed on or after that date. Section 4 is effective August 1, 1990, and applies to trials and hearings beginning after that date. Presented to the governor April 12, 1990 Signed by the governor April 16, 1990, 4:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes