Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 92-S.F.No. 1008 
                  An act relating to horse racing; card clubs; 
                  authorizing licensee of commission to detain persons 
                  suspected of cheating; proposing coding for new law in 
                  Minnesota Statutes, chapter 240. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [240.35] [DETENTION OF SUSPECTS.] 
           Subdivision 1.  [GENERALLY.] A licensee of the commission 
        may detain a person if the licensee has probable cause to 
        believe that the person detained has violated section 609.76 
        while at a card club authorized by section 240.30.  For purposes 
        of this section, "licensee" means the commission's director of 
        racing security or a security officer licensed under Minnesota 
        Rules, chapter 7878. 
           Subd. 2.  [CIRCUMSTANCES JUSTIFYING DETENTION.] (a) A 
        licensee may detain a person to: 
           (1) require the person to provide identification or to 
        verify identification; 
           (2) inquire as to whether the person possesses any 
        contraband as provided by section 609.762, subdivision 1; 
           (3) notify a peace officer of the alleged violation; or 
           (4) institute criminal proceedings against the person.  
           (b) The person detained must be promptly informed of the 
        purpose of the detention and may not be subjected to unnecessary 
        or unreasonable force, nor to interrogation against the person's 
        will.  If at any time the person detained requests the licensee 
        to summon a peace officer, the licensee must notify a peace 
        officer immediately.  A licensee of the Minnesota racing 
        commission must not detain a person for more than one hour 
        unless a peace officer requests detention, in which case the 
        person may be detained until the peace officer has accepted 
        custody of or released the person.  
           Subd. 3.  [ARREST.] Upon a charge being made by a licensee, 
        a peace officer may arrest a person without a warrant if the 
        officer has probable cause to believe that the person has 
        committed or attempted to commit an offense described in section 
        609.76. 
           Subd. 4.  [IMMUNITY.] No licensee or peace officer is 
        criminally or civilly liable for any detention authorized by 
        this section if probable cause exists for the detention, and the 
        detention was not conducted with unreasonable force or in bad 
        faith. 
           Presented to the governor May 10, 2001 
           Signed by the governor May 14, 2001, 2:57 p.m.