HF 839

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2017 04:21pm

A bill for an act
relating to public safety; increasing penalties for impersonating a law enforcement
officer; amending Minnesota Statutes 2016, sections 169.64, by adding a
subdivision; 169.68; 169.98, subdivision 3, by adding a subdivision; 171.07,
subdivision 3, by adding a subdivision; 326.3384, subdivision 1; 609.475; 626.863;
626.88, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter
609.

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

Section 1.

Minnesota Statutes 2016, section 169.64, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Gross misdemeanor. new text end

new text begin A person who violates subdivision 2, 3, or 4 while
impersonating a peace officer in violation of section 609.4751, subdivision 1, is guilty of a
gross misdemeanor.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169.68, is amended to read:

169.68 HORN, SIREN.

new text begin Subdivision 1. new text end

new text begin Requirement; limitations. new text end

(a) Every motor vehicle when operated upon
a highway must be equipped with a horn in good working order and capable of emitting
sound audible under normal conditions from a distance of not less than 200 feet. However,
the horn or other warning device must not emit an unreasonably loud or harsh sound or a
whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe
operation, give audible warning with the horn, but shall not otherwise use the horn when
upon a highway.

(b) A vehicle must not be equipped with, and a person shall not use upon a vehicle, any
siren, whistle, or bell, except as otherwise permitted in this section.

(c) It is permissible, but not required, for any commercial vehicle to be equipped with
a theft alarm signal device, so arranged that it cannot be used by the driver as an ordinary
warning signal.

(d) All authorized emergency vehicles must be equipped with a siren capable of emitting
sound audible under normal conditions from a distance of not less than 500 feet and of a
type conforming to the federal certification standards for sirens, as determined by the General
Services Administration. However, the siren must not be used except when the vehicle is
operated in response to an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which latter events the driver of the vehicle shall sound the
siren when necessary to warn pedestrians and other drivers of the vehicle's approach.

(e) It is permissible, but not required, for a bicycle to be equipped with a horn or bell
designed to alert motor vehicles, other bicycles, and pedestrians of the bicycle's presence.

new text begin Subd. 2. new text end

new text begin Gross misdemeanor. new text end

new text begin A person who violates subdivision 1 while impersonating
a peace officer in violation of section 609.4751, subdivision 1, is guilty of a gross
misdemeanor.
new text end

Sec. 3.

Minnesota Statutes 2016, section 169.98, subdivision 3, is amended to read:

Subd. 3.

Security guard vehicle.

(a) All motor vehicles deleted text begin which deleted text end new text begin that new text end are used by security
guards in the course of their employment deleted text begin may have any color other than those specified in
subdivision 1 for law enforcement vehicles deleted text end new text begin shall be predominantly grey new text end . The identity of the
security service shall be displayed on deleted text begin the motor vehicle as required for law enforcement
vehicles deleted text end new text begin both front door panels and on the rear of the vehicle new text end . new text begin The identity must include the
word "Security" with letters not less than 2-1/2 inches high, one inch wide, and of a
three-eighth inch brush stroke. The identity shall be of a color contrasting with the
background color so that the motor vehicle is easily identifiable as belonging to a specific
security service. The identity may be in the form of an emblem. Each vehicle must be marked
with its own identifying number on the rear of the vehicle. The number shall be printed in
the same size and color required pursuant to this subdivision for identifying words which
may be displayed on the vehicle.
new text end

(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may
continue to use a motor vehicle that is predominantly black in the course of the guard's
employment if the vehicle was being used in this manner before August 1, 2002.

(c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may
continue to use a motor vehicle that is predominantly gold in the course of the guard's
employment if the vehicle was being used in this manner before August 1, 2012.

new text begin (d) Notwithstanding paragraph (a), a security guard may continue to use a motor vehicle
that is not predominantly grey in the course of the guard's employment if the vehicle was
being used in this manner before August 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 169.98, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Offense. new text end

new text begin A person may not own or operate a motor vehicle marked or identified:
new text end

new text begin (1) in any manner described in this section;
new text end

new text begin (2) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state
patrol," "conservation officer," "agent," or "marshal"; or
new text end

new text begin (3) with any lettering, marking, or insignia, or colorable imitation thereof, including,
but not limited to, stars, badges, or shields identifying the vehicle as a federal, state, county,
or municipal law enforcement vehicle; and
new text end

new text begin (4) which a reasonable person would believe that the vehicle is authorized by any agency
for use by the person operating the motor vehicle.
new text end

Sec. 5.

Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of the required fee, the department
shall issue to every qualifying applicant a Minnesota identification card. The department
may not issue a Minnesota identification card to an individual who has a driver's license,
deleted text begin other than deleted text end new text begin unless the person has new text end a limited license new text begin or the Minnesota identification card bears
a peace officer designation under subdivision 15a new text end . The department may not issue an enhanced
identification card to an individual who is under 16 years of age, not a resident of this state,
or not a citizen of the United States of America. The card must bear a distinguishing number
assigned to the applicant; a colored photograph or an electronically produced image of the
applicant; the applicant's full name and date of birth; either (1) the licensee's residence
address, or (2) the designated address under section 5B.05; a description of the applicant
in the manner as the commissioner deems necessary; and the usual signature of the applicant.

(b) If the United States Postal Service will not deliver mail to the applicant's residence
address as listed on the Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail will not be delivered to the
applicant's residence address and that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing address under this subdivision,
the commissioner shall use the alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota identification
card - not a driver's license."

(e) The fee for a Minnesota identification card is 50 cents when issued to a person who
is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
illness, as described in section 245.462, subdivision 20, paragraph (c).

Sec. 6.

Minnesota Statutes 2016, section 171.07, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Peace officer designation. new text end

new text begin (a) The commissioner of public safety shall enter
into an agreement with law enforcement agencies to issue Minnesota identification cards
bearing a peace officer designation to licensed peace officers, as defined in section 626.84,
subdivision 1, paragraph (c), clause (1), and qualified retired peace officers, as defined in
United States Code, title 18, section 926C.
new text end

new text begin (b) The commissioner shall design unique markings and graphics for the peace officer
designation, in consultation with law enforcement agencies. Identification cards issued to
qualified retired officers must be prominently marked "retired" using red lettering.
new text end

new text begin (c) The commissioner shall require payment of a reasonable fee to cover the actual cost
to manufacture the card.
new text end

new text begin (d) Cards issued under this subdivision are not Minnesota identification cards for the
purposes defined in sections 48.512, 201.061, 201.161, 340A.503, and 604.113.
new text end

Sec. 7.

Minnesota Statutes 2016, section 326.3384, subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

No license holder or employee of a license holder shall, in
a manner that implies that the person is an employee or agent of a governmental agency,
display on a badge, identification card, emblem, vehicle, uniform, stationery, or in advertising
for private detective or protective agent services:

(1) the words "public safety," "police," "highway patrol," "state patrol," "sheriff,"
"trooper," new text begin "marshal," "agent," new text end or "law enforcement"; or

(2) the name of a municipality, county, state, or of the United States, or any governmental
subdivision thereof.

Sec. 8.

Minnesota Statutes 2016, section 609.475, is amended to read:

609.475 IMPERSONATING new text begin A MILITARY new text end OFFICER new text begin OR PUBLIC OFFICIAL new text end .

Whoever falsely impersonates a deleted text begin police or deleted text end military officer or public official with intent
to mislead another into believing that the impersonator is actually such officer or official
is guilty of a misdemeanor.

Sec. 9.

new text begin [609.4751] IMPERSONATING A PEACE OFFICER.
new text end

new text begin Subdivision 1. new text end

new text begin Misdemeanor. new text end

new text begin Whoever falsely impersonates a peace officer with intent
to mislead another into believing that the impersonator is actually an officer is guilty of a
misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Gross misdemeanor. new text end

new text begin Whoever violates subdivision 1 while committing any
of the following acts is guilty of a gross misdemeanor:
new text end

new text begin (1) attempting to gain access to a public building or government facility that is not open
to the public;
new text end

new text begin (2) possessing false or fraudulent credentials that identify the person as a peace officer;
or
new text end

new text begin (3) directing or ordering another person to act.
new text end

new text begin Subd. 3. new text end

new text begin Felony. new text end

new text begin (a) Whoever violates subdivision 1 or 2 while committing any of the
following acts is guilty of a felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both:
new text end

new text begin (1) possessing a firearm; or
new text end

new text begin (2) violating section 169.98, subdivision 6.
new text end

new text begin (b) Whoever violates subdivision 1 or 2 within five years of a previous violation of this
section is guilty of a felony and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
new text end

Sec. 10.

new text begin [609.476] IMPERSONATING SECURITY OFFICER.
new text end

new text begin Whoever falsely impersonates a private security officer, protective officer, or bail
enforcement officer with intent to mislead another into believing that the impersonator is
actually an officer to gain entry to a government facility that the impersonator is not
authorized to enter or for other criminal purposes is guilty of a gross misdemeanor.
new text end

Sec. 11.

Minnesota Statutes 2016, 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 shall designate the appropriate law enforcement agency 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 deleted text begin gross misdemeanor deleted text end new text begin felony new text end .

Sec. 12.

Minnesota Statutes 2016, section 626.88, subdivision 2, is amended to read:

Subd. 2.

Uniforms.

(a) Uniforms for peace officers shall be of uniform colors throughout
the state as provided herein. Uniforms for:

(1) municipal peace officers, including University of Minnesota peace officers and peace
officers assigned to patrol duties in parks, shall be blue, brown, or green;

(2) peace officers who are members of the county sheriffs' office shall be blue, brown,
or green;

(3) state troopers shall be maroon;

(4) conservation officers shall be green.

(b) The uniforms of security guards deleted text begin may be any color other than those specified for
peace officers deleted text end new text begin and protective agents shall be predominantly white or grey. This paragraph
shall apply to uniforms purchased subsequent to August 1, 2017 new text end .
new text begin new text end

(c) The uniforms of a bail bondsman or bail enforcement agent or any person who acts
at the direction of a surety may be any color other than those specified for peace officers.
A violation of this paragraph is a petty misdemeanor.

(d) This subdivision shall apply to uniforms purchased subsequent to January 1, 1981.