as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; allowing police searches 1.3 based on the alert of a dog trained to detect or 1.4 locate controlled substances; requiring the police 1.5 officer standards and training board to establish 1.6 training objectives for dogs used to detect or locate 1.7 controlled substances; appropriating money for grants 1.8 to purchase and care for dogs that are trained to 1.9 detect or locate controlled substances; amending 1.10 Minnesota Statutes 2000, section 626.845, subdivision 1.11 1; proposing coding for new law in Minnesota Statutes, 1.12 chapter 626. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. [626.18] [PROBABLE CAUSE SEARCHES FOR 1.15 CONTROLLED SUBSTANCES; DRUG DOGS.] 1.16 A peace officer, as defined in section 626.84, subdivision 1.17 1, paragraph (c), who is on or off duty within the jurisdiction 1.18 of the appointing authority or on duty outside the jurisdiction 1.19 of the appointing authority pursuant to section 629.40 and 1.20 accompanied by a dog that is certified under section 626.858, 1.21 subdivision 2, has probable cause to conduct a search without a 1.22 warrant if the dog alerts the police officer to the presence of 1.23 an illegal controlled substance on the person or in the area 1.24 searched. 1.25 Sec. 2. Minnesota Statutes 2000, section 626.845, 1.26 subdivision 1, is amended to read: 1.27 Subdivision 1. [POWERS AND DUTIES.] The board shall have 1.28 the following powers and duties: 1.29 (a) To certify peace officers' training schools or programs 2.1 administered by state, county and municipalities located within 2.2 this state in whole or in part no later than 90 days after 2.3 receipt of an application for certification. The reasons for 2.4 noncertification of any school or program or part thereof shall 2.5 be transmitted to the school within 90 days and shall contain a 2.6 detailed explanation of the reasons for which the school or 2.7 program was disapproved and an explanation of what supporting 2.8 material or other requirements are necessary for the board to 2.9 reconsider. Disapproval of a school or program shall not 2.10 preclude the reapplication for certification of the school or 2.11 program; 2.12 (b) To issue certificates to schools, and to revoke such 2.13 certification when necessary to maintain the objectives and 2.14 purposes of sections 626.841 to 626.863; 2.15 (c) To certify, as qualified, instructors at peace officer 2.16 training schools, and to issue appropriate certificates to such 2.17 instructors; 2.18 (d) To license peace officers who have satisfactorily 2.19 completed certified basic training programs, and passed 2.20 examinations as required by the board; 2.21 (e) To cause studies and surveys to be made relating to the 2.22 establishment, operation, and approval of state, county, and 2.23 municipal peace officer training schools; 2.24 (f) To consult and cooperate with state, county, and 2.25 municipal peace officer training schools for the development of 2.26 in-service training programs for peace officers; 2.27 (g) To consult and cooperate with universities, colleges, 2.28 and technical colleges for the development of specialized 2.29 courses of instruction and study in the state for peace officers 2.30 and part-time peace officers in police science and police 2.31 administration; 2.32 (h) To consult and cooperate with other departments and 2.33 agencies of the state and federal government concerned with 2.34 peace officer standards and training; 2.35 (i) To perform such other acts as may be necessary and 2.36 appropriate to carry out the powers and duties as set forth in 3.1 the provisions of sections 626.841 to 626.863; 3.2 (j) To coordinate the provision, on a regional basis, of 3.3 skills oriented basic training courses to graduates of certified 3.4 law enforcement training schools or programs; 3.5 (k) To obtain criminal conviction data for persons seeking 3.6 a license to be issued or possessing a license issued by the 3.7 board. The board shall have authority to obtain criminal 3.8 conviction data to the full extent that any other law 3.9 enforcement agency, as that term is defined by state or federal 3.10 law, has to obtain the data; 3.11 (l) To prepare and transmit annually to the governor a 3.12 report of its activities with respect to allocation of moneys 3.13 appropriated to it for peace officers training, including the 3.14 name and address of each recipient of money for that purpose, 3.15 the amount awarded, and the purpose of the award;
and3.16 (m) To assist and cooperate with any political subdivision 3.17 or state law enforcement agency which employs persons licensed 3.18 by the board to establish written procedures for the 3.19 investigation and resolution of allegations of misconduct of 3.20 persons licensed by the board, and to enforce licensing 3.21 sanctions for failure to implement such procedures; and 3.22 (n) to certify dogs for use in detection and location of 3.23 controlled substances. 3.24 In addition, the board may maintain data received from law 3.25 enforcement agencies under section 626.87, subdivision 5, 3.26 provide the data to requesting law enforcement agencies who are 3.27 conducting background investigations, and maintain data on 3.28 applicants and licensees as part of peace officer license data. 3.29 The data that may be maintained include the name of the law 3.30 enforcement agency conducting the investigation and data on the 3.31 candidate provided under section 626.87, subdivision 5, clauses 3.32 (1) and (2). 3.33 Sec. 3. [626.858] [ESTABLISHMENT OF TRAINING OBJECTIVES; 3.34 CERTIFICATION; DRUG DOGS.] 3.35 Subdivision 1. [TRAINING OBJECTIVES ESTABLISHED.] The 3.36 board shall establish training objectives for use by 4.1 organizations that train dogs to detect or locate controlled 4.2 substances. The board shall establish these training objectives 4.3 by no later than January 31, 2002. 4.4 Subd. 2. [CERTIFICATION.] The board shall certify all dogs 4.5 that satisfactorily complete the training objectives established 4.6 under subdivision 1. 4.7 Sec. 4. [APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY.] 4.8 $....... is appropriated from the general fund to the 4.9 commissioner of public safety. The commissioner shall use this 4.10 money to award grants to requesting local law enforcement 4.11 agencies to purchase no more than one dog per county that is 4.12 trained to detect or locate controlled substances by scent. The 4.13 commissioner shall also use the money to award grants to local 4.14 law enforcement agencies to fund care, training, and maintenance 4.15 of those dogs. This appropriation is available until June 30, 4.16 2003.