Minnesota Session Laws - 1990, Regular Session

  

                         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.