Bill headed to House Floor seeks to clarify legislator arrest immunity

Rep. Ryan Winkler (DFL-Golden Valley) wants to make it statutorily clear that legislators can be arrested during session, including for DWI.

A Winkler-sponsored bill, HF322, was approved by the House Public Safety and Crime Prevention Policy and Finance Committee Wednesday and sent to the House Floor.

“I’m asking the committee act favorably on HF322, not because I think legislators are commonly using their so-called immunity to avoid arrest in the case of drunken driving, but because I think it is important we provide clarity to law enforcement, the public and to ourselves that no such immunity exists,” Winkler said.  

Rep. Ryan Winkler

Per the Minnesota Constitution, “The members of each house in all cases except treason, felony and breach of the peace, shall be privileged from arrest during session of their respective houses and in going to or returning from the same.”

But there has been some confusion about whether that includes DWI.

From the 1980s until last year, legislators were given a card stating the legislator is entitled to a privilege from arrest and quoting that section of the state constitution. Although the cards — often referred to as “Get-out-of-jail-free cards” — are no longer handed out, the constitutional clause still stands.

“I believe that it would be helpful and beneficial for the Minnesota Legislature to give additional direction to legislative members, the public, law enforcement, and the courts by enacting legislation to clarify that state legislators have no immunity from arrest for criminal activity, including the crime of driving while intoxicated,” Attorney General Lori Swanson wrote in an April 22, 2014, letter to Sen. Ron Latz (DFL-St. Louis Park).

Lawmakers should give the public the confidence that if a legislator commits any offense, including a DWI, they should be held accountable, said Committee Chair Rep. Tony Cornish (R-Vernon Center).

A companion, SF761, sponsored by Sen. Bill Ingebrigtsen (R-Alexandria), awaits action by the Senate Judiciary Committee.

Winkler admitted passage this year might be a longshot because Latz, who chairs that committee, does not intend to have a hearing on the bill. Winkler said an amendment on the Senate Floor may be the best way to get a Senate vote on the measure.

“When it comes up for a vote, it’s challenging for legislators to vote against this for pretty obvious reasons,” Winkler said. “So the path is to get some kind of vote in the Senate, so they have a choice between moving this forward or being on public record against this.”