HF 3803

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; including criminal 
  1.3             investigators employed by prosecutorial offices and 
  1.4             agencies in the definition of peace officer if they 
  1.5             are licensed by the POST board; including 
  1.6             prosecutorial offices and agencies that employ such 
  1.7             investigators in the definition of law enforcement 
  1.8             agency; amending Minnesota Statutes 1998, section 
  1.9             626.84, subdivision 2; and Minnesota Statutes 1999 
  1.10            Supplement, section 626.84, subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.13  626.84, subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
  1.15  626.84 to 626.863, the following terms have the meanings given 
  1.16  them: 
  1.17     (a) "Board" means the board of peace officer standards and 
  1.18  training. 
  1.19     (b) "Director" means the executive director of the board. 
  1.20     (c) "Peace officer" means: 
  1.21     (1) an employee or an elected or appointed official of a 
  1.22  political subdivision or law enforcement agency who is licensed 
  1.23  by the board, charged with the prevention and detection of crime 
  1.24  and the enforcement of the general criminal laws of the state 
  1.25  and who has the full power of arrest, and shall also include the 
  1.26  Minnesota state patrol, agents of the division of alcohol and 
  1.27  gambling enforcement, investigators for prosecutorial offices 
  1.28  and agencies, state conservation officers, and metropolitan 
  2.1   transit police officers; and 
  2.2      (2) a peace officer who is employed by a law enforcement 
  2.3   agency of a federally recognized tribe, as defined in United 
  2.4   States Code, title 25, section 450b(e), and who is licensed by 
  2.5   the board. 
  2.6      (d) "Constable" has the meaning assigned to it in section 
  2.7   367.40. 
  2.8      (e) "Deputy constable" has the meaning assigned to it in 
  2.9   section 367.40. 
  2.10     (f) "Part-time peace officer" means an individual licensed 
  2.11  by the board whose services are utilized by law enforcement 
  2.12  agencies no more than an average of 20 hours per week, not 
  2.13  including time spent on call when no call to active duty is 
  2.14  received, calculated on an annual basis, who has either full 
  2.15  powers of arrest or authorization to carry a firearm while on 
  2.16  active duty.  The term shall apply even though the individual 
  2.17  receives no compensation for time spent on active duty, and 
  2.18  shall apply irrespective of the title conferred upon the 
  2.19  individual by any law enforcement agency.  The limitation on the 
  2.20  average number of hours in which the services of a part-time 
  2.21  peace officer may be utilized shall not apply to a part-time 
  2.22  peace officer who has formally notified the board pursuant to 
  2.23  rules adopted by the board of the part-time peace officer's 
  2.24  intention to pursue the specialized training for part-time peace 
  2.25  officers who desire to become peace officers pursuant to 
  2.26  sections 626.843, subdivision 1, clause (g), and 626.845, 
  2.27  subdivision 1, clause (g). 
  2.28     (g) "Reserve officer" means an individual whose services 
  2.29  are utilized by a law enforcement agency to provide 
  2.30  supplementary assistance at special events, traffic or crowd 
  2.31  control, and administrative or clerical assistance.  A reserve 
  2.32  officer's duties do not include enforcement of the general 
  2.33  criminal laws of the state, and the officer does not have full 
  2.34  powers of arrest or authorization to carry a firearm on duty. 
  2.35     (h) "Law enforcement agency" means: 
  2.36     (1) a unit of state or local government that is authorized 
  3.1   by law to grant full powers of arrest and to charge a person 
  3.2   with the duties of preventing and detecting crime and enforcing 
  3.3   the general criminal laws of the state; 
  3.4      (2) a prosecutorial office or agency that employs 
  3.5   investigators who are peace officers as defined in this 
  3.6   subdivision; and 
  3.7      (2) (3) subject to the limitations in section 626.93, a law 
  3.8   enforcement agency of a federally recognized tribe, as defined 
  3.9   in United States Code, title 25, section 450b(e). 
  3.10     (i) "Professional peace officer education" means a 
  3.11  post-secondary degree program, or a nondegree program for 
  3.12  persons who already have a college degree, that is offered by a 
  3.13  college or university in Minnesota, designed for persons seeking 
  3.14  licensure as a peace officer, and approved by the board. 
  3.15     Sec. 2.  Minnesota Statutes 1998, section 626.84, 
  3.16  subdivision 2, is amended to read: 
  3.17     Subd. 2.  [SCOPE.] Notwithstanding sections 12.03, 
  3.18  subdivision 4, 12.25, or any other law to the contrary, no 
  3.19  individual employed or acting as an agent a peace officer of any 
  3.20  political subdivision shall be authorized to carry a firearm 
  3.21  when on duty unless the individual has been licensed under 
  3.22  sections 626.84 to 626.863.  Nothing herein shall be construed 
  3.23  as requiring licensure of a security guard as that term is 
  3.24  defined in section 626.88, subdivision 1, clause (c).