language to be deleted (2) new language
relating to public safety; clarifying probable cause arrests for violations of protection, restraining, and no contact orders; modifying time limit for probable cause arrests for domestic abuse;
amending Minnesota Statutes 2012, sections 629.34, subdivision 1; 629.341, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) A peace officer, as defined in section 626.84, subdivision 1, clause (c), who is on or off duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40, may arrest a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d), who is on duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person without a warrant as provided under paragraph (c).
(c) A peace officer or part-time peace officer who is authorized under paragraph (a) or (b) to make an arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by the person arrested;
(6) under circumstances described in clause (2), (3), or (4), when the offense is a nonfelony violation of a restraining order or no contact order previously issued by a court; or
(7) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile committed to the custody of the commissioner of corrections.
(d) To make an arrest authorized under this subdivision, the officer may break open an outer or inner door or window of a dwelling house if, after notice of office and purpose, the officer is refused admittance.
Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding 24 hours the person has committed domestic abuse, as defined in section 518B.01, subdivision 2. The arrest may be made even though the assault did not take place in the presence of the peace officer.
Presented to the governor April 28, 2014
Signed by the governor April 29, 2014, 10:29 a.m.
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