HF 1385

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; authorizing the commissioner of 
  1.3             public safety to appoint railroad peace officers; 
  1.4             providing for licensing and compensation of railroad 
  1.5             peace officers; expanding certain crimes to include 
  1.6             committing the crimes on railroad property or property 
  1.7             in transit by a common carrier; amending Minnesota 
  1.8             Statutes 1994, sections 609.52, subdivision 3; 
  1.9             609.582, subdivisions 2, 3, 4, and by adding a 
  1.10            subdivision; 609.595, subdivision 1; 609.605, 
  1.11            subdivision 1, and by adding subdivisions; 626.05, 
  1.12            subdivision 2; and 626.84, subdivision 1; proposing 
  1.13            coding for new law in Minnesota Statutes, chapter 219. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [LEGISLATIVE FINDING; PURPOSE.] 
  1.16     The legislature finds and declares that section 1704 of the 
  1.17  federal Crime Control Act of 1990 authorizes a railroad employee 
  1.18  who is commissioned as a railroad police officer in any state to 
  1.19  exercise certain powers in other states, according to laws of 
  1.20  those states and according to rules adopted by the federal 
  1.21  railroad administration pursuant to the federal Crime Control 
  1.22  Act of 1990.  The legislature further finds and declares that 
  1.23  investigation and prosecution of crimes committed against 
  1.24  property owned by or in the care, custody, or control of 
  1.25  railroads frequently involves multijurisidictional activity 
  1.26  across city, county, and state lines, creating substantial 
  1.27  demands on the law enforcement resources of this state.  The 
  1.28  legislature further finds and declares that appointment of 
  1.29  qualified railroad employees as railroad peace officers serves 
  2.1   as a necessary and effective supplement to other fully trained 
  2.2   and licensed peace officers in this state.  
  2.3      Sec. 2.  [219.99] [RAILROAD PEACE OFFICERS.] 
  2.4      Subdivision 1.  [APPOINTMENT.] The commissioner of the 
  2.5   department of public safety may appoint as a railroad peace 
  2.6   officer a person employed by a railroad company to aid and 
  2.7   supplement law enforcement agencies in the protection of 
  2.8   property owned by or in the care, custody, or control of a 
  2.9   railroad and to protect the persons and property of railroad 
  2.10  passengers and employees.  The appointees must be licensed by 
  2.11  the board according to this section. 
  2.12     Subd. 2.  [AUTHORITY OF RAILROAD PEACE OFFICERS.] Except as 
  2.13  otherwise provided by this section, a railroad peace officer 
  2.14  shall have all powers, privileges, and immunities of a licensed 
  2.15  law enforcement officer in this state in connection with the 
  2.16  prevention, investigation, arrest, or prosecution of an offense 
  2.17  occurring on railroad property and involving injury to 
  2.18  passengers or employees of a railroad or involving an offense 
  2.19  against property owned by or in the care, custody, or control of 
  2.20  a railroad.  If a search warrant is obtained by a railroad peace 
  2.21  officer, the officer shall notify the chief of police of an 
  2.22  organized full-time police department of the municipality or, if 
  2.23  there is no such local chief of police, the sheriff or a deputy 
  2.24  sheriff of the county in which service of the warrant is to be 
  2.25  made, prior to execution. 
  2.26     Subd. 3.  [LICENSING OF RAILROAD PEACE OFFICERS.] The board 
  2.27  of peace officer standards and training shall adopt rules as 
  2.28  necessary to implement this section, not later than January 1, 
  2.29  1996.  Rules adopted by the board shall provide standards for 
  2.30  the licensing of railroad peace officers comparable to those 
  2.31  applicable to other full-time law enforcement officers in this 
  2.32  state and shall include reciprocity provisions comparable to 
  2.33  other full-time law enforcement officers seeking licensing by 
  2.34  the board.  
  2.35     Subd. 4.  [REVOCATION OF APPOINTMENT.] The commissioner of 
  2.36  the department of public safety shall revoke the appointment of 
  3.1   any railroad peace officer upon expiration, revocation, or 
  3.2   surrender of the license issued by the board to the officer. 
  3.3      Subd. 5.  [COMPENSATION; BENEFITS; FEES.] (a) A railroad 
  3.4   peace officer shall be compensated by the railroad by which the 
  3.5   officer is employed. 
  3.6      (b) A railroad peace officer shall not be entitled to 
  3.7   receive any compensation, benefits, or other remuneration 
  3.8   provided or required to be provided to other licensed law 
  3.9   enforcement officers by this state or any political subdivision 
  3.10  or agency of this state.  
  3.11     (c) A railroad peace officer may attend any training 
  3.12  courses offered to other law enforcement officers of this state, 
  3.13  provided that railroad peace officers pay reasonable tuition and 
  3.14  costs when attending training courses authorized by section 
  3.15  626.851.  
  3.16     Subd. 6.  [RAILROAD LIABLE FOR ACTS OF PEACE OFFICER WITHIN 
  3.17  SCOPE OF EMPLOYMENT.] Subject to the privileges and immunities 
  3.18  afforded a law enforcement officer or an officer's employer 
  3.19  under state or federal law, a railroad company employing a 
  3.20  railroad peace officer in this state shall be liable for all 
  3.21  acts, errors, and omissions of a railroad peace officer 
  3.22  occurring in the course and scope of the peace officer's 
  3.23  employment by the railroad and shall indemnify its peace 
  3.24  officers for civil damages, penalties, or fines claimed or 
  3.25  levied against the officer according to section 181.970.  
  3.26  Neither this state nor any political subdivision or agency of 
  3.27  the state shall be liable for any act, error, or omission of a 
  3.28  railroad peace officer.  
  3.29     Subd. 7.  [CONSTRUCTION.] Nothing in this section shall be 
  3.30  construed to limit or in any way restrict the rights, powers, or 
  3.31  privileges granted to any other law enforcement officer in this 
  3.32  state. 
  3.33     Sec. 3.  Minnesota Statutes 1994, section 609.52, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  3.36  sentenced as follows: 
  4.1      (1) to imprisonment for not more than 20 years or to 
  4.2   payment of a fine of not more than $100,000, or both, if the 
  4.3   property is a firearm, or the value of the property or services 
  4.4   stolen is more than $35,000 and the conviction is for a 
  4.5   violation of subdivision 2, clause (3), (4), (15), or (16); or 
  4.6      (2) to imprisonment for not more than ten years or to 
  4.7   payment of a fine of not more than $20,000, or both, if the 
  4.8   value of the property or services stolen exceeds $2,500, or if 
  4.9   the property stolen was an article representing a trade secret, 
  4.10  an explosive or incendiary device, or a controlled substance 
  4.11  listed in schedule I or II pursuant to section 152.02 with the 
  4.12  exception of marijuana; or 
  4.13     (3) to imprisonment for not more than five years or to 
  4.14  payment of a fine of not more than $10,000, or both, if: 
  4.15     (a) the value of the property or services stolen is more 
  4.16  than $500 but not more than $2,500; or 
  4.17     (b) the property stolen was a controlled substance listed 
  4.18  in schedule III, IV, or V pursuant to section 152.02; or 
  4.19     (c) the value of the property or services stolen is more 
  4.20  than $200 but not more than $500 and the person has been 
  4.21  convicted within the preceding five years for an offense under 
  4.22  this section, section 256.98; 268.18, subdivision 3; 609.24; 
  4.23  609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
  4.24  609.63; 609.631; or 609.821, or a statute from another state in 
  4.25  conformity with any of those sections, and the person received a 
  4.26  felony or gross misdemeanor sentence for the offense, or a 
  4.27  sentence that was stayed under section 609.135 if the offense to 
  4.28  which a plea was entered would allow imposition of a felony or 
  4.29  gross misdemeanor sentence; or 
  4.30     (d) the value of the property or services stolen is not 
  4.31  more than $500, and any of the following circumstances exist: 
  4.32     (i) the property is taken from the person of another or 
  4.33  from a corpse, or grave or coffin containing a corpse; or 
  4.34     (ii) the property is a record of a court or officer, or a 
  4.35  writing, instrument or record kept, filed or deposited according 
  4.36  to law with or in the keeping of any public officer or office; 
  5.1   or 
  5.2      (iii) the property is taken from a burning, abandoned, or 
  5.3   vacant building or upon its removal therefrom, or from an area 
  5.4   of destruction caused by civil disaster or an area in a state of 
  5.5   emergency, riot, bombing, or the proximity of battle; or 
  5.6      (iv) the property consists of public funds belonging to the 
  5.7   state or to any political subdivision or agency thereof; or 
  5.8      (v) the property stolen is a motor vehicle; or 
  5.9      (4) to imprisonment for not more than one year or to 
  5.10  payment of a fine of not more than $3,000, or both, if the value 
  5.11  of the property or services stolen is more than $200 but not 
  5.12  more than $500; or 
  5.13     (5) in all other cases where the value of the property or 
  5.14  services stolen is $200 or less, to imprisonment for not more 
  5.15  than 90 days or to payment of a fine of not more than $700, or 
  5.16  both, provided, however, in any prosecution under subdivision 2, 
  5.17  clauses (1), (2), (3), (4), and (13), the value of the money or 
  5.18  property or services received by the defendant in violation of 
  5.19  any one or more of the above provisions within any six-month 
  5.20  period may be aggregated and the defendant charged accordingly 
  5.21  in applying the provisions of this subdivision; provided that 
  5.22  when two or more offenses are committed by the same person in 
  5.23  two or more counties, the accused may be prosecuted in any 
  5.24  county in which one of the offenses was committed for all of the 
  5.25  offenses aggregated under this paragraph. 
  5.26     Sec. 4.  Minnesota Statutes 1994, section 609.582, 
  5.27  subdivision 2, is amended to read: 
  5.28     Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
  5.29  building or an instrument of common carriage without consent and 
  5.30  with intent to commit a crime, or enters a building or an 
  5.31  instrument of common carriage without consent and commits a 
  5.32  crime while in the building or instrument of common carriage, 
  5.33  commits burglary in the second degree and may be sentenced to 
  5.34  imprisonment for not more than ten years or to payment of a fine 
  5.35  of not more than $20,000, or both, if:  
  5.36     (a) the building is a dwelling; 
  6.1      (b) the portion of the building entered contains a banking 
  6.2   business or other business of receiving securities or other 
  6.3   valuable papers for deposit or safekeeping and the entry is with 
  6.4   force or threat of force; 
  6.5      (c) the portion of the building entered contains a pharmacy 
  6.6   or other lawful business or practice in which controlled 
  6.7   substances are routinely held or stored, and the entry is 
  6.8   forcible; or 
  6.9      (d) when entering or while in the building or instrument of 
  6.10  common carriage, the burglar possesses a tool to gain access to 
  6.11  money or property.  
  6.12     Sec. 5.  Minnesota Statutes 1994, section 609.582, 
  6.13  subdivision 3, is amended to read: 
  6.14     Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
  6.15  building or an instrument of common carriage without consent and 
  6.16  with intent to steal or commit any felony or gross misdemeanor 
  6.17  while in the building, or enters a building or an instrument of 
  6.18  common carriage without consent and steals or commits a felony 
  6.19  or gross misdemeanor while in the building or instrument of 
  6.20  common carriage, commits burglary in the third degree and may be 
  6.21  sentenced to imprisonment for not more than five years or to 
  6.22  payment of a fine of not more than $10,000, or both. 
  6.23     Sec. 6.  Minnesota Statutes 1994, section 609.582, 
  6.24  subdivision 4, is amended to read: 
  6.25     Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
  6.26  building or an instrument of common carriage without consent and 
  6.27  with intent to commit a misdemeanor other than to steal, or 
  6.28  enters a building or an instrument of common carriage without 
  6.29  consent and commits a misdemeanor other than to steal while in 
  6.30  the building or instrument of common carriage, commits burglary 
  6.31  in the fourth degree and may be sentenced to imprisonment for 
  6.32  not more than one year or to payment of a fine of not more than 
  6.33  $3,000, or both. 
  6.34     Sec. 7.  Minnesota Statutes 1994, section 609.582, is 
  6.35  amended by adding a subdivision to read: 
  6.36     Subd. 5.  [DEFINITION.] For the purposes of this section, 
  7.1   "instrument of common carriage" means a truck, truck-tractor, 
  7.2   semi-trailer, trailer, locomotive, engine, railroad car, trailer 
  7.3   on flat car, shipping container, or similar equipment used by a 
  7.4   common carrier in the interstate or intrastate shipment of 
  7.5   freight, whether or not in such use at the time of the offense.  
  7.6      Sec. 8.  Minnesota Statutes 1994, section 609.595, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
  7.9   DEGREE.] Whoever intentionally causes damage to physical 
  7.10  property of another without the latter's consent may be 
  7.11  sentenced to imprisonment for not more than five years or to 
  7.12  payment of a fine of not more than $10,000, or both, if:  
  7.13     (1) the damage to the property caused a reasonably 
  7.14  foreseeable risk of bodily harm; or 
  7.15     (2) the property damaged belongs to a public utility or a 
  7.16  common carrier and the damage impairs the service to the public 
  7.17  rendered by them, including but not limited to interrupting or 
  7.18  delaying service to the public; or 
  7.19     (3) the damage reduces the value of the property by more 
  7.20  than $500 measured by the cost of repair and replacement; or 
  7.21     (4) the damage reduces the value of the property by more 
  7.22  than $250 measured by the cost of repair and replacement and the 
  7.23  defendant has been convicted within the preceding three years of 
  7.24  an offense under this subdivision or subdivision 2. 
  7.25     In any prosecution under clause (3), the value of any 
  7.26  property damaged by the defendant in violation of that clause 
  7.27  within any six-month period may be aggregated and the defendant 
  7.28  charged accordingly in applying the provisions of this section; 
  7.29  provided that when two or more offenses are committed by the 
  7.30  same person in two or more counties, the accused may be 
  7.31  prosecuted in any county in which one of the offenses was 
  7.32  committed for all of the offenses aggregated under this 
  7.33  paragraph.  
  7.34     Sec. 9.  Minnesota Statutes 1994, section 609.605, 
  7.35  subdivision 1, is amended to read: 
  7.36     Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
  8.1   the meanings given them for purposes of this section. 
  8.2      (i) "Premises" means real property and any appurtenant 
  8.3   building or structure. 
  8.4      (ii) "Dwelling" means the building or part of a building 
  8.5   used by an individual as a place of residence on either a 
  8.6   full-time or a part-time basis.  A dwelling may be part of a 
  8.7   multidwelling or multipurpose building, or a manufactured home 
  8.8   as defined in section 168.011, subdivision 8. 
  8.9      (iii) "Construction site" means the site of the 
  8.10  construction, alteration, painting, or repair of a building or 
  8.11  structure. 
  8.12     (iv) "Owner or lawful possessor," as used in paragraph (b), 
  8.13  clause (9), means the person on whose behalf a building or 
  8.14  dwelling is being constructed, altered, painted, or repaired and 
  8.15  the general contractor or subcontractor engaged in that work. 
  8.16     (v) "Posted," as used in clause (9), means the placement of 
  8.17  a sign at least 11 inches square in a conspicuous place on the 
  8.18  exterior of the building that is under construction, alteration, 
  8.19  or repair, and additional signs in at least two conspicuous 
  8.20  places for each ten acres being protected.  The sign must carry 
  8.21  an appropriate notice and the name of the person giving the 
  8.22  notice, followed by the word "owner" if the person giving the 
  8.23  notice is the holder of legal title to the land on which the 
  8.24  construction site is located or by the word "occupant" if the 
  8.25  person giving the notice is not the holder of legal title but is 
  8.26  a lawful occupant of the land. 
  8.27     (vi) "Business licensee," as used in paragraph (b), clause 
  8.28  (9), includes a representative of a building trades labor or 
  8.29  management organization. 
  8.30     (vii) "Building" has the meaning given in section 609.581, 
  8.31  subdivision 2. 
  8.32     (viii) "Instrument of common carriage" has the meaning 
  8.33  given in section 609.582, subdivision 5. 
  8.34     (b) A person is guilty of a misdemeanor if the person 
  8.35  intentionally: 
  8.36     (1) permits domestic animals or fowls under the actor's 
  9.1   control to go on the land of another within a city; 
  9.2      (2) interferes unlawfully with a monument, sign, or pointer 
  9.3   erected or marked to designate a point of a boundary, line or a 
  9.4   political subdivision, or of a tract of land; 
  9.5      (3) trespasses on the premises of another and, without 
  9.6   claim of right, refuses to depart from the premises on demand of 
  9.7   the lawful possessor; 
  9.8      (4) occupies or enters the dwelling or locked or posted 
  9.9   building of another or an instrument of common carriage, without 
  9.10  claim of right or consent of the owner or the consent of one who 
  9.11  has the right to give consent, except in an emergency situation; 
  9.12     (5) enters the premises of another with intent to take or 
  9.13  injure any fruit, fruit trees, or vegetables growing on the 
  9.14  premises, without the permission of the owner or occupant; 
  9.15     (6) enters or is found on the premises of a public or 
  9.16  private cemetery without authorization during hours the cemetery 
  9.17  is posted as closed to the public; 
  9.18     (7) returns to the property of another with the intent to 
  9.19  abuse, disturb, or cause distress in or threaten another, after 
  9.20  being told to leave the property and not to return, if the actor 
  9.21  is without claim of right to the property or consent of one with 
  9.22  authority to consent; 
  9.23     (8) returns to the property of another within 30 days after 
  9.24  being told to leave the property and not to return, if the actor 
  9.25  is without claim of right to the property or consent of one with 
  9.26  authority to consent; or 
  9.27     (9) enters the locked or posted construction site of 
  9.28  another without the consent of the owner or lawful possessor, 
  9.29  unless the person is a business licensee. 
  9.30     Sec. 10.  Minnesota Statutes 1994, section 609.605, is 
  9.31  amended by adding a subdivision to read: 
  9.32     Subd. 5.  [TRESPASS ON LOCKED INSTRUMENT OF COMMON 
  9.33  CARRIAGE.] Whoever trespasses on a locked instrument of common 
  9.34  carriage, as defined by section 609.582, subdivision 5, without 
  9.35  claim or right or consent of the owner or consent of a person 
  9.36  who has the right to give consent, except in an emergency 
 10.1   situation, is guilty of a gross misdemeanor. 
 10.2      Sec. 11.  Minnesota Statutes 1994, section 609.605, is 
 10.3   amended by adding a subdivision to read: 
 10.4      Subd. 6.  [TRESPASS ON RAILROAD RIGHT-OF-WAY.] (a) A person 
 10.5   may not walk, ride, drive, or be on or along the right-of-way or 
 10.6   yard of a railroad company operating its lines within this 
 10.7   state, or go on or cross the right-of-way or yard at a place 
 10.8   other than a public or private crossing, unless having first 
 10.9   obtained written permission from the owner or occupant railroad 
 10.10  company, its agent, or its servant.  
 10.11     (b) For purposes of this subdivision, "right-of-way" means 
 10.12  the track or roadbed owned by a railroad and that property owned 
 10.13  by a railroad which is located on either side of its tracks and 
 10.14  which is readily recognizable to a reasonable person as being 
 10.15  railroad property or is reasonably identified as such by 
 10.16  fencing, the existence of railroad tracks, or appropriate signs. 
 10.17     (c) A person may not be on, enter, or damage any buildings, 
 10.18  rolling stock, or equipment of any railway company operating its 
 10.19  lines within this state.  
 10.20     (d) This subdivision shall not apply to any of the 
 10.21  following:  
 10.22     (1) passengers on trains or employees of a railroad company 
 10.23  while engaged in the performance of the duties of employment; 
 10.24     (2) an authorized representative of the railroad employees; 
 10.25     (3) a person going on the right-of-way or tracks to save 
 10.26  human life or to protect property; 
 10.27     (4) a person going or being on or in the station grounds or 
 10.28  depot of the railroad company as a passenger or for the purpose 
 10.29  of transacting business with the railroad company; 
 10.30     (5) a person, members of the person's family, or the 
 10.31  person's employees going on the right-of-way or tracks for the 
 10.32  purpose of crossing from one part to another of a farm the 
 10.33  person may own or lease, where the farm lies on both sides of 
 10.34  the right-of-way; 
 10.35     (6) a person having written permission to go on the 
 10.36  right-of-way or tracks granted by the railroad company; 
 11.1      (7) a registered land surveyor or the surveyor's employees 
 11.2   for the purpose of making land surveys; or 
 11.3      (8) a person otherwise authorized by law to be on or along 
 11.4   the right-of-way or yard of a railroad company operating its 
 11.5   lines within this state. 
 11.6      (e) A person who violates this section is guilty of a 
 11.7   misdemeanor. 
 11.8      Sec. 12.  Minnesota Statutes 1994, section 626.05, 
 11.9   subdivision 2, is amended to read: 
 11.10     Subd. 2.  [PEACE OFFICER.] The term "peace officer," as 
 11.11  used in sections 626.04 to 626.17, means a person who is 
 11.12  licensed as a peace officer in accordance with section 626.84, 
 11.13  subdivision 1, and who serves as a sheriff, deputy sheriff, 
 11.14  police officer, constable, conservation officer, agent of the 
 11.15  bureau of criminal apprehension, agent of the division of 
 11.16  gambling enforcement, University of Minnesota peace officer, or 
 11.17  state patrol trooper as authorized by section 299D.03, or 
 11.18  railroad peace officer as authorized by section 219C.99. 
 11.19     Sec. 13.  Minnesota Statutes 1994, section 626.84, 
 11.20  subdivision 1, is amended to read: 
 11.21     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 11.22  626.84 to 626.863, the following terms have the meanings given 
 11.23  them: 
 11.24     (a) "Board" means the board of peace officer standards and 
 11.25  training. 
 11.26     (b) "Director" means the executive director of the board. 
 11.27     (c) "Peace officer" means an employee or an elected or 
 11.28  appointed official of a political subdivision or law enforcement 
 11.29  agency who is licensed by the board, charged with the prevention 
 11.30  and detection of crime and the enforcement of the general 
 11.31  criminal laws of the state and who has the full power of arrest, 
 11.32  and shall also include the Minnesota state patrol, agents of the 
 11.33  division of gambling enforcement, and state conservation 
 11.34  officers. 
 11.35     (d) "Constable" has the meaning assigned to it in section 
 11.36  367.40. 
 12.1      (e) "Deputy constable" has the meaning assigned to it in 
 12.2   section 367.40. 
 12.3      (f) "Part-time peace officer" means an individual licensed 
 12.4   by the board whose services are utilized by law enforcement 
 12.5   agencies no more than an average of 20 hours per week, not 
 12.6   including time spent on call when no call to active duty is 
 12.7   received, calculated on an annual basis, who has either full 
 12.8   powers of arrest or authorization to carry a firearm while on 
 12.9   active duty.  The term shall apply even though the individual 
 12.10  receives no compensation for time spent on active duty, and 
 12.11  shall apply irrespective of the title conferred upon the 
 12.12  individual by any law enforcement agency.  The limitation on the 
 12.13  average number of hours in which the services of a part-time 
 12.14  peace officer may be utilized shall not apply to a part-time 
 12.15  peace officer who has formally notified the board pursuant to 
 12.16  rules adopted by the board of the part-time peace officer's 
 12.17  intention to pursue the specialized training for part-time peace 
 12.18  officers who desire to become peace officers pursuant to 
 12.19  sections 626.843, subdivision 1, clause (g), and 626.845, 
 12.20  subdivision 1, clause (g).  
 12.21     (g) "Reserve officer" means an individual whose services 
 12.22  are utilized by a law enforcement agency to provide 
 12.23  supplementary assistance at special events, traffic or crowd 
 12.24  control, and administrative or clerical assistance.  A reserve 
 12.25  officer's duties do not include enforcement of the general 
 12.26  criminal laws of the state, and the officer does not have full 
 12.27  powers of arrest or authorization to carry a firearm on duty.  
 12.28     (h) "Law enforcement agency" means a unit of state or local 
 12.29  government that is authorized by law to grant full powers of 
 12.30  arrest and to charge a person with the duties of preventing and 
 12.31  detecting crime and enforcing the general criminal laws of the 
 12.32  state. 
 12.33     (i) "Professional peace officer education" means a 
 12.34  post-secondary degree program, or a nondegree program for 
 12.35  persons who already have a college degree, that is offered by a 
 12.36  college or university in Minnesota, designed for persons seeking 
 13.1   licensure as a peace officer, and approved by the board. 
 13.2      (j) "Railroad peace officer" means an individual: 
 13.3      (1) employed by a railroad for the purpose of aiding and 
 13.4   supplementing law enforcement agencies in the protection of 
 13.5   property owned by or in the care, custody, or control of a 
 13.6   railroad and to protect the persons and property of railroad 
 13.7   passengers and employees; 
 13.8      (2) licensed by the board under section 219.99; and 
 13.9      (3) appointed by the commissioner of the department of 
 13.10  public safety under section 219.99. 
 13.11     Sec. 14.  [EFFECTIVE DATE.] 
 13.12     Sections 3 to 11 are effective August 1, 1995, and apply to 
 13.13  crimes committed on or after that date.