HF 2539 - Establishes a "Sign and Release Warrant" - Minnesota Key Vote

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Title: Establishes a "Sign and Release Warrant"

Vote Smart's Synopsis:

Vote to pass a bill that establishes a "sign and release warrant," which applies when a police officer discovers a person who has missed a court date and subsequently asks the person to sign a citation describing the need to appear in court and then lets the person go.

Highlights:

 

  • Authorizes a court to issue a summons to notify a person charged​ with a criminal offense of the need to appear at a certain time and place to answer the charge (Sec. 1-1).​

  • Requires the court to issue a sign and​ release warrant if (Sec. 1-3.a):​

    • The court issued a summons;​

    • The summons was served by mailing it to the defendant's last known address and was​ returned as undeliverable;​

    • The defendant failed to appear at the time and place identified in the summons;​

    • The defendant had not previously failed to appear in the same case; and​

    • The defendant is charged with a misdemeanor offense other than a targeted​ misdemeanor.

  • Authorizes the court to issue a warrant that requires the​ defendant to post bail or comply with other conditions of release if a prosecutor shows, by​ a preponderance of the evidence, that bail is necessary (Sec. 1-4):​

    • For the safety of a victim;​

    • Because a defendant poses a risk to public safety; or​

    • Because the defendant otherwise poses a danger to self or others.​

  • Requires an officer to inform the defendant of the missed court appearance and provide a new notice that includes​ a time to appear when a peace officer​ encounters a defendant who is the subject of a sign and release warrant (Sec. 1-5.a).

  • Establishes by​ January 1, 2024, the sheriff of every county, in coordination with the district court of that​ county, will have developed a procedure to inform peace officers about the type of warrant issued​ by the court and provide hearing dates for sign and release warrants.​ At a minimum, the procedure shall include (Sec. 1-7):​

    • An office, department, or other entity that a peace officer can contact at any time to​ determine the type of warrant issued by a court;​

    • If the warrant is a sign and release warrant, the ability to obtain an updated time for​ a defendant to appear to answer the charge;​

    • The ability to inactivate a sign and release warrant after a defendant has been notified​ of the new time to appear; and​

    • The ability to submit a form or other notification to the court's electronic filing system​ updating the defendant's personal contact information and indicating that the defendant​ received notice of the new time.​

Title: Establishes a "Sign and Release Warrant"

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