SF 746

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/10/2025 04:46 p.m.

A bill for an act
relating to public safety; requiring that peace officers be United States citizens;
amending Minnesota Statutes 2024, sections 626.843, subdivision 1; 626.845,
subdivision 1, by adding a subdivision; 626.87, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 626.843, subdivision 1, is amended to read:

Subdivision 1.

Rules required.

The board shall adopt rules with respect to:

(1) the certification of postsecondary schools to provide programs of professional peace
officer education;

(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;

(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;

(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;

(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;

(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;

(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;

(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;

deleted text begin (11) citizenship requirements for peace officers and part-time peace officers;
deleted text end

deleted text begin (12) deleted text end new text begin (11) new text end driver's license requirements for peace officers and part-time peace officers;
and

deleted text begin (13) deleted text end new text begin (12) new text end such other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.

Sec. 2.

Minnesota Statutes 2024, section 626.845, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

The board shall have the following powers and
duties:

(1) to certify postsecondary schools to provide programs of professional peace officer
education based on a set of board-approved professional peace officer education learning
objectives;

(2) to issue certificates to postsecondary schools, and to revoke certification when
necessary to maintain the objectives and purposes of sections 626.841 to 626.863;

(3) to license peace officers who have met the new text begin minimum qualifications mandated by
statute or rule, including new text end education and experience requirements and deleted text begin passed deleted text end new text begin passing all
required new text end examinations deleted text begin as required by the board deleted text end ;

(4) to develop and administer licensing examinations based on the board's learning
objectives;

(5) to consult and cooperate with continuing education providers for the development
of in-service training programs for peace officers;

(6) to consult and cooperate with postsecondary schools for the development and
improvement of professional peace officer education;

(7) to consult and cooperate with other departments and agencies of the state and federal
government concerned with peace officer standards and training;

(8) to perform such other acts as may be necessary and appropriate to carry out the
powers and duties of sections 626.841 to 626.863;

(9) to obtain criminal conviction data for persons seeking a license to be issued or
possessing a license issued by the board. The board shall have authority to obtain criminal
conviction data to the full extent that any other law enforcement agency, as that term is
defined by state or federal law, has to obtain the data;

(10) to prepare and transmit annually to the governor a report of its activities with respect
to allocation of money appropriated to it for peace officers training, including the name of
each recipient of money for that purpose and the amount awarded; and

(11) to assist and cooperate with any political subdivision or state law enforcement
agency that employs persons licensed by the board to establish written policies as mandated
by the state pertaining to persons licensed by the board, and to enforce licensing sanctions
for failure to implement these policies.

In addition, the board may maintain data received from law enforcement agencies under
section 626.87, subdivision 5, provide the data to requesting law enforcement agencies who
are conducting background investigations, and maintain data on applicants and licensees
as part of peace officer license data. The data that may be maintained include the name of
the law enforcement agency conducting the investigation and data on the candidate provided
under section 626.87, subdivision 5, clauses (1) and (2).

Sec. 3.

Minnesota Statutes 2024, section 626.845, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Citizenship required. new text end

new text begin (a) Except as provided for in paragraph (b), the board
may not issue a peace officer license to an applicant who is not a citizen of the United States.
new text end

new text begin (b) If the board issued a license to a peace officer who is not a citizen of the United
States prior to July 1, 2025, the board may continue to license the peace officer until June
30, 2027, as long as the peace officer meets all other requirements for licensure.
new text end

Sec. 4.

Minnesota Statutes 2024, section 626.87, subdivision 1, is amended to read:

Subdivision 1.

Background investigation required.

(a) A law enforcement agency
shall conduct a thorough background investigation on an applicant for employment as a
licensed peace officer or an applicant for a position leading to employment as a licensed
peace officer before the applicant may be employed. The background investigation must
determine at a minimum whether the candidate meets the following standards:

(1) standards established by the Minnesota Board of Peace Officer Standards and
Training; deleted text begin and
deleted text end

(2) established security standards for access to state and national computerized record
and communication systems deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) is a citizen of the United States.
new text end

(b) This requirement does not prevent a law enforcement agency from establishing higher
standards for law enforcement employees if those standards are not contrary to applicable
law.