Bill Text: MN HF2281 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Legislators' privilege from arrest clarified, and driving while impaired specified as a breach of the peace for purposes of the Minnesota Constitution.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2014-04-10 - Referred to Judiciary [HF2281 Detail]
Download: Minnesota-2013-HF2281-Engrossed.html
1.2relating to public safety; clarifying legislators' privilege from arrest; specifying
1.3that driving while impaired constitutes a breach of the peace for purposes of
1.4the Constitution;amending Minnesota Statutes 2012, section 3.151; proposing
1.5coding for new law in Minnesota Statutes, chapters 3; 169A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [3.022] REVIEW OF ARREST.
1.8Any documentation issued by a government agency which reproduces the text of the
1.9Minnesota Constitution, article IV, section 10, must include the following language: "Any
1.10arrest under this provision is immediately reviewable before a neutral judicial officer."
1.11 Sec. 2. Minnesota Statutes 2012, section 3.151, is amended to read:
1.123.151 DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.
1.13(a) A person is guilty of a gross misdemeanor who:
1.14(1) willfully disturbs the legislature, or either house of it, while in session;
1.15(2) commits disorderly conduct in the presence and view of either house, tending to
1.16interrupt its proceedings or impair the respect due to its authority; or
1.17(3) willfully, by intimidation or otherwise, prevents a member of the legislature from
1.18attending a session of the member's house, or of a committee of it, or from giving the
1.19member's vote upon a question which may come before the house, or from performing any
1.20other official act, including an arrest, or attempted arrest, of a member of the legislature by
1.21a licensed peace officer for the primary purpose of delaying or preventing the performance
1.22of any official act.
2.1(b) Nothing in this section limits the authority of a licensed peace officer to arrest
2.2or detain a member of the legislature, upon probable cause that the member has violated
2.3any provision of chapter 169A while traveling to a session of the member's house, or of a
2.4committee of it, provided that the arrest or detention is processed in an expedited manner
2.5and the member is delivered to the sergeant-at-arms of the house of representatives or the
2.6senate without unreasonable delay.
2.7 Sec. 3. [169A.79] BREACH OF THE PEACE.
2.8A crime, including a felony, gross misdemeanor, or misdemeanor constitutes a
2.9breach of the peace for purposes of the Minnesota Constitution, article IV, section 10.
2.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.11offenses committed on or after that date.
1.3that driving while impaired constitutes a breach of the peace for purposes of
1.4the Constitution;amending Minnesota Statutes 2012, section 3.151; proposing
1.5coding for new law in Minnesota Statutes, chapters 3; 169A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [3.022] REVIEW OF ARREST.
1.8Any documentation issued by a government agency which reproduces the text of the
1.9Minnesota Constitution, article IV, section 10, must include the following language: "Any
1.10arrest under this provision is immediately reviewable before a neutral judicial officer."
1.11 Sec. 2. Minnesota Statutes 2012, section 3.151, is amended to read:
1.123.151 DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.
1.13(a) A person is guilty of a gross misdemeanor who:
1.14(1) willfully disturbs the legislature, or either house of it, while in session;
1.15(2) commits disorderly conduct in the presence and view of either house, tending to
1.16interrupt its proceedings or impair the respect due to its authority; or
1.17(3) willfully, by intimidation or otherwise, prevents a member of the legislature from
1.18attending a session of the member's house, or of a committee of it, or from giving the
1.19member's vote upon a question which may come before the house, or from performing any
1.20other official act, including an arrest, or attempted arrest, of a member of the legislature by
1.21a licensed peace officer for the primary purpose of delaying or preventing the performance
1.22of any official act.
2.1(b) Nothing in this section limits the authority of a licensed peace officer to arrest
2.2or detain a member of the legislature, upon probable cause that the member has violated
2.3any provision of chapter 169A while traveling to a session of the member's house, or of a
2.4committee of it, provided that the arrest or detention is processed in an expedited manner
2.5and the member is delivered to the sergeant-at-arms of the house of representatives or the
2.6senate without unreasonable delay.
2.7 Sec. 3. [169A.79] BREACH OF THE PEACE.
2.8A crime, including a felony, gross misdemeanor, or misdemeanor constitutes a
2.9breach of the peace for purposes of the Minnesota Constitution, article IV, section 10.
2.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.11offenses committed on or after that date.
