2002 Minnesota Statutes

CHAPTER 625. Prevention of crime

     625.01 Conservators of the peace. 

    The judges of the district court, in vacation, as well as 
 in open court shall enforce laws made for the preservation of 
 the public peace.  In the execution of that power, they may 
 require persons to give security to keep the peace, or for their 
 good behavior, or both, in the manner provided in this chapter.  

    HIST: (10548) RL s 5207; 1983 c 359 s 94; 1998 c 254 art 2 s 
 70 

     625.02 Complaint to judge. 

    When complaint is made to any judge that any person has 
 threatened to commit an offense against the person or property 
 of another, the judge shall (1) examine the complainant, and any 
 witness who may be produced, on oath, (2) reduce the complaint 
 to writing, and (3) cause it to be subscribed by the complainant.

    HIST: (10549) RL s 5208; 1983 c 359 s 95 

     625.03 Warrant shall issue, when. 

    If, upon examination, it appears that there is just cause 
 to fear that the offense may be committed, the judge shall issue 
 a signed warrant, reciting the substance of the complaint, and 
 requiring the officer to whom it is directed to apprehend the 
 person complained of and bring the person before the judge, or 
 other court having jurisdiction of the cause. 

    HIST: (10550) RL s 5209; 1983 c 359 s 96; 1986 c 444 

     625.04 Examination. 

    The judge before whom any person is brought upon charge of 
 having made threats, shall immediately examine the complainant 
 and witnesses in support of the prosecution, on oath, in the 
 presence of the party charged, in relation to any matters 
 pertinent to the charge.  Witnesses for the prisoner, if the 
 prisoner has any, shall be subsequently sworn and examined.  The 
 prisoner may be assisted by counsel in the proceeding. 

    HIST: (10551) RL s 5210; 1983 c 359 s 97; 1986 c 444 

     625.05 Recognizance to keep the peace. 

    If, upon examination, it appears that there is just cause 
 to fear that the offense will be committed by the party 
 complained of, the party shall be required to enter into a 
 recognizance, with sufficient sureties, in such sum as the judge 
 directs, to keep the peace toward all the people of this state, 
 and especially toward the persons requiring the security, for 
 such term as the judge orders, not exceeding six months.  The 
 party complained of shall not be ordered to recognize for 
 appearance at the district court, unless the party is charged 
 with some offense for which the party ought to be held to answer 
 to the court.  Upon complying with the order of the judge, the 
 party complained of shall be discharged.  

    HIST: (10552) RL s 5211; 1983 c 359 s 98; 1986 c 444 

     625.06 Party committed, when. 

    If the person ordered to recognize refuses or neglects to 
 comply with the order, the judge shall commit the person to the 
 county jail during the period for which the person was required 
 to give security, or until the person recognizes, stating in the 
 warrant the cause of commitment, with the sum and time for which 
 security was required.  

    HIST: (10553) RL s 5212; 1983 c 359 s 99; 1986 c 444 

     625.07 Discharge; complainant liable for costs, when. 

    If, upon examination, it does not appear that there is just 
 cause to fear that the offense will be committed by the party 
 complained of, the party shall be immediately discharged.  If 
 the judge deems the complaint malicious, or without probable 
 cause, the judge shall order the complainant to pay the costs of 
 prosecution.  The complainant shall then be answerable to the 
 judge and the officer for their fees.  

    HIST: (10554) RL s 5213; 1983 c 359 s 100; 1986 c 444 

     625.08 Costs. 

    When no order respecting the costs is made by the judge, 
 they shall be allowed and paid in the same manner as costs in 
 criminal prosecutions.  In all cases where a person is required 
 to give security to keep the peace, or for good behavior, the 
 judge may further order the costs of prosecution, or any part of 
 them, to be paid by the person, who shall stand committed until 
 the costs are paid or the person is otherwise legally discharged.

    HIST: (10555) RL s 5214; 1983 c 359 s 101; 1986 c 444 

     625.09 Appeal. 

    Any person aggrieved by the order of any county or 
 municipal judge requiring the person to recognize may, on giving 
 the security required, appeal to the court of appeals. 

    HIST: (10556) RL s 5215; 1983 c 359 s 102; 1984 c 387 s 3; 
 1986 c 444 

     625.10 Witnesses to recognize. 

    The judge from whose order an appeal is taken shall require 
 any witnesses the judge deems necessary to support the complaint 
 to recognize for their appearance at the court to which appeal 
 is made.  

    HIST: (10557) RL s 5216; 1983 c 359 s 103; 1986 c 444 

     625.11 Proceedings on appeal. 

    The court before which the appeal is prosecuted may affirm 
 the order of the judge, or discharge the appellant, or may 
 require the appellant to enter into a new recognizance, with 
 sufficient sureties, for a sum and a length of time as the court 
 deems proper.  The court of appeals may also make an order 
 relating to the costs of prosecution as it deems just and 
 reasonable. 

    HIST: (10558) RL s 5217; 1983 c 359 s 104; 1984 c 387 s 4 

     625.12 Failure to prosecute appeal. 

    If any party appealing fails to prosecute the appeal, the 
 recognizance shall remain in full force and effect as to any 
 breach of the condition, without an affirmation of the judgment 
 or order of the judge, and shall also stand as a security for 
 any costs which shall be ordered by the court appealed to, to be 
 paid by the appellant.  

    HIST: (10559) RL s 5218; 1983 c 359 s 105; 1986 c 444 

     625.13 Discharge on giving security. 

    Any person committed for not finding sureties, or refusing 
 to recognize as required by the court, may be discharged by any 
 judge on giving the required security. 

    HIST: (10560) RL s 5219; 1983 c 359 s 106 

     625.14 Recognizance transmitted to court of appeals. 

    Every recognizance taken in pursuance of section 625.13 
 shall be transmitted by the judge to the court of appeals on or 
 before the first day of the next term, and shall be filed and 
 recorded by the clerk of the appellate courts. 

    HIST: (10561) RL s 5220; 1983 c 359 s 107; 1984 c 387 s 5 

     625.15 Recognizance without process, when. 

    Every person who, in the presence of any court, makes an 
 affray, or threatens to kill or beat another, or to commit any 
 violence or outrage against the other's person or property, or 
 who, in the presence of the court, contends with hot and angry 
 words, to the disturbance of the peace, may be ordered, without 
 process or any other proof, to recognize for keeping the peace, 
 and being of good behavior for a term not exceeding six months, 
 and, in case of a refusal, may be committed as before directed.  

    HIST: (10562) RL s 5221; 1983 c 359 s 108; 1986 c 444 

     625.16 Carrying dangerous weapons.  

    Whoever shall go armed with a dirk, dagger, sword, pistol, 
 or other offensive and dangerous weapon, without reasonable 
 cause to fear an assault or other injury or violence to person, 
 family, or property, may, on complaint of any other person 
 having reasonable cause to fear an injury or breach of the 
 peace, be required to find sureties for keeping the peace, for a 
 term not exceeding six months, with the right of appealing as 
 before provided.  

    HIST: (10563) RL s 5222; 1986 c 444 

     625.17 Judgment on recognizance remitted, when. 

    When, upon an action brought on any recognizance, the 
 penalty thereof is adjudged forfeited, the court may remit a 
 portion of the penalty, on the petition of the defendant, as is 
 just and reasonable.  

    HIST: (10564) RL s 5223; 1983 c 359 s 109 

     625.18 Surrender of principal; new recognizance. 

    Any surety in a recognizance to keep the peace, or for good 
 behavior, or both, shall have authority and right to take and 
 surrender the principal and, upon the surrender, shall be 
 discharged and exempted from all liability for any act of the 
 principal, subsequent to the surrender, which would be a breach 
 of the condition of the recognizance.  The person so surrendered 
 may recognize anew, with sufficient sureties, before any judge, 
 for the residue of the term, and shall then be discharged.  

    HIST: (10565) RL s 5224; 1983 c 359 s 110; 1986 c 444