SF 4440
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/13/2026 09:35 a.m.
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A bill for an act
relating to peace officers; clarifying powers exclusive to law enforcement officers;
clarifying the authority to investigate the unauthorized practice of law enforcement
duties; amending Minnesota Statutes 2024, sections 626.862; 626.863.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 626.862, is amended to read:
626.862 POWERS OF LAW ENFORCEMENT OFFICERS.
Except as specifically provided by statute, only a peace officer and part-time peace
officer may:
(1) issue a citation in lieu of arrest or continued detention unless specifically authorized
by ordinance;
(2) ask a person receiving a citation to give a written promise to appear in court; deleted text begin or
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(3) take a person into custody as permitted by section 629.34deleted text begin .deleted text end new text begin ;
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(4) draft a search warrant or present a search warrant to a court for approval;
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(5) draft an arrest warrant or present an arrest warrant to a court for approval;
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(6) draft a summary of a criminal investigation or present a summary of a criminal
investigation to a prosecutor for the purpose of allowing a prosecutor to decide whether to
prosecute;
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(7) be assigned or accept the primary responsibility to investigate criminal activity;
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(8) interview a person suspected of having been engaged in criminal conduct;
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(9) conduct a lineup, whether in person or using photographic or video images;
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(10) operate a law enforcement emergency vehicle while emergency lights or sirens are
activated, except when engaged in testing the equipment in a controlled testing environment,
or in a manner or under the circumstances described in section 169.03;
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(11) wear the uniform or badge of a peace officer or a replica of the uniform or badge
of a peace officer that would lead a reasonable person to believe the wearer is a peace officer;
or
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(12) take any action that, pursuant to the policies or practices of the employing law
enforcement agency, are to be performed exclusively by a peace officer.
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Sec. 2.
Minnesota Statutes 2024, section 626.863, is amended to read:
626.863 UNAUTHORIZED PRACTICE.
(a) A person who is not a peace officer or part-time peace officer is guilty of a
misdemeanor if the person: (1) makes a representation of being a peace officer or part-time
peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved
by law for licensed peace officers and part-time peace officers.
(b) A peace officer who authorizes or knowingly allows a person to violate paragraph
(a) is guilty of a misdemeanor.
(c) The board deleted text begin shalldeleted text end new text begin must investigate ornew text end designate deleted text begin thedeleted text end new text begin annew text end appropriate law enforcement
agencynew text begin , which must not be the agency that is the subject of the investigation,new text end to investigate
violations of this section. The attorney general shall prosecute violations of this section.
(d) A person who violates this section and who has previously been convicted of a
violation of this section is guilty of a gross misdemeanor.
Sec. 3. new text begin EFFECTIVE DATE.
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Sections 1 and 2 are effective August 1, 2026.
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