HF 3998

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

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; authorizing the 
  1.3             metropolitan transit police to apply for and execute 
  1.4             search warrants; eliminating the restriction on use of 
  1.5             peace officers on a part-time basis; modifying the 
  1.6             crime of unlawful interference with a transit 
  1.7             operator; amending Minnesota Statutes 1998, sections 
  1.8             473.407, subdivisions 2 and 4; 609.855, subdivision 2; 
  1.9             and 626.05, subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 473.407, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [LIMITATIONS.] The initial processing of a person 
  1.14  arrested by the transit police for an offense within the 
  1.15  agency's jurisdiction is the responsibility of the transit 
  1.16  police unless otherwise directed by the law enforcement agency 
  1.17  with primary jurisdiction.  Assignment of a subsequent 
  1.18  investigation is the responsibility of the law enforcement 
  1.19  agency of the jurisdiction in which the crime was committed.  
  1.20  The transit police are not authorized to apply for and execute a 
  1.21  search warrant as prescribed in section 626.05. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 473.407, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The regional 
  1.25  administrator shall appoint a peace officer employed full time 
  1.26  to be the chief law enforcement officer and to be responsible 
  1.27  for the management of the metropolitan transit police.  The 
  2.1   chief law enforcement officer shall possess the necessary police 
  2.2   and management experience to manage a law enforcement agency.  
  2.3   The chief law enforcement officer may appoint, discipline, and 
  2.4   discharge all transit police personnel.  All police managerial 
  2.5   and supervisory personnel must be full-time employees of the 
  2.6   metropolitan transit police.  Supervisory personnel must be on 
  2.7   duty and available any time transit police are on duty.  The 
  2.8   chief law enforcement officer may not hire part-time peace 
  2.9   officers as defined in section 626.84, subdivision 1, paragraph 
  2.10  (f), except that the chief may appoint peace officers to work on 
  2.11  a part-time basis not to exceed 30 full-time equivalents.  A 
  2.12  part-time officer must maintain an active peace officer license 
  2.13  with the officer's full-time law enforcement employer. 
  2.14     Sec. 3.  Minnesota Statutes 1998, section 609.855, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [UNLAWFUL INTERFERENCE WITH TRANSIT OPERATOR.] 
  2.17  (a) Whoever intentionally commits an act that: 
  2.18     (1) interferes with or obstructs, or tends to interfere 
  2.19  with or obstruct, the operation of a transit vehicle, 
  2.20     (2) distracts the driver from the safe operation of a 
  2.21  transit vehicle, or 
  2.22     (3) endangers the passengers of a transit vehicle, 
  2.23  is guilty of unlawful interference with a transit operator and 
  2.24  may be sentenced as provided in paragraph (c) (b). 
  2.25     (b) An act that is committed on a transit vehicle that 
  2.26  distracts the driver from the safe operation of the vehicle or 
  2.27  that endangers passengers is a violation of this subdivision if 
  2.28  an authorized transit representative has clearly warned the 
  2.29  person once to stop the act. 
  2.30     (c) A person who violates this subdivision may be sentenced 
  2.31  as follows: 
  2.32     (1) to imprisonment for not more than three years or to 
  2.33  payment of a fine of not more than $5,000, or both, if the 
  2.34  violation was accompanied by force or violence or a 
  2.35  communication of a threat of force or violence; or 
  2.36     (2) to imprisonment for not more than 90 days or to payment 
  3.1   of a fine of not more than $700, or both, if the violation was 
  3.2   not accompanied by force or violence or a communication of a 
  3.3   threat of force or violence.  
  3.4      Sec. 4.  Minnesota Statutes 1998, section 626.05, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [PEACE OFFICER.] The term "peace officer," as 
  3.7   used in sections 626.04 to 626.17, means a person who is 
  3.8   licensed as a peace officer in accordance with section 626.84, 
  3.9   subdivision 1, and who serves as a sheriff, deputy sheriff, 
  3.10  police officer, constable, conservation officer, agent of the 
  3.11  bureau of criminal apprehension, agent of the division of 
  3.12  alcohol and gambling enforcement, University of Minnesota peace 
  3.13  officer, or state patrol trooper as authorized by section 
  3.14  299D.03, or metropolitan transit police officer. 
  3.15     Sec. 5.  [APPLICATION.] 
  3.16     Sections 1 and 2 apply in the counties of Anoka, Carver, 
  3.17  Dakota, Hennepin, Ramsey, Scott, and Washington. 
  3.18     Sec. 6.  [EFFECTIVE DATE.] 
  3.19     This act is effective on the day following final enactment.