HF 3910

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/02/2026 02:40 p.m.

A bill for an act
relating to public safety; removing the authority for certain federal agents to perform
arrests under state law; amending Minnesota Statutes 2024, section 629.30,
subdivision 2; repealing Minnesota Statutes 2024, section 629.34, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 629.30, subdivision 2, is amended to read:

Subd. 2.

Who may arrest.

An arrest may be made:

(1) by a peace officer under a warrant;

(2) by a peace officer without a warrant; new text begin or
new text end

deleted text begin (3) by an officer in the United States Customs and Border Protection or the United States
Citizenship and Immigration Services without a warrant;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end by a private person.

A private person shall aid a peace officer in executing a warrant when requested to do
so by the officer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 629.34, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-06631

629.34 WHEN ARREST MAY BE MADE WITHOUT WARRANT.

Subd. 2.

United States Customs and Border Protection, United States Citizenship and Immigration Services officer.

An officer in the United States Customs and Border Protection or the United States Citizenship and Immigration Services may arrest a person without a warrant under the circumstances specified in clauses (1) and (2):

(1) when the officer is on duty within the scope of assignment and one or more of the following situations exist:

(i) the person commits an assault in the fifth degree, as defined in section 609.224, against the officer;

(ii) the person commits an assault in the fifth degree, as defined in section 609.224, on any other person in the presence of the officer, or commits any felony;

(iii) the officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person committed it; or

(iv) the officer has received positive information by written, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person's arrest; or

(2) when the assistance of the officer has been requested by another Minnesota law enforcement agency.