HF 1607

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; authorizing federally 
  1.3             recognized tribes to exercise concurrent criminal 
  1.4             jurisdictional authority with the local sheriff within 
  1.5             the geographical boundaries of the tribe's 
  1.6             reservation; establishing requirements for the 
  1.7             exercise of such authority; amending Minnesota 
  1.8             Statutes 1998, section 626.84, subdivision 1; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 626. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 626.84, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
  1.15  626.84 to 626.863, the following terms have the meanings given 
  1.16  them: 
  1.17     (a) "Board" means the board of peace officer standards and 
  1.18  training. 
  1.19     (b) "Director" means the executive director of the board. 
  1.20     (c) "Peace officer" means: 
  1.21     (1) an employee or an elected or appointed official of a 
  1.22  political subdivision or law enforcement agency who is licensed 
  1.23  by the board, charged with the prevention and detection of crime 
  1.24  and the enforcement of the general criminal laws of the state 
  1.25  and who has the full power of arrest, and shall also include the 
  1.26  Minnesota state patrol, agents of the division of alcohol and 
  1.27  gambling enforcement, state conservation officers, and 
  1.28  metropolitan transit police officers; and 
  2.1      (2) a peace officer who is employed by a law enforcement 
  2.2   agency of a federally recognized tribe, as defined in United 
  2.3   States Code, title 25, section 450b(e), and who is licensed by 
  2.4   the board. 
  2.5      (d) "Constable" has the meaning assigned to it in section 
  2.6   367.40. 
  2.7      (e) "Deputy constable" has the meaning assigned to it in 
  2.8   section 367.40. 
  2.9      (f) "Part-time peace officer" means an individual licensed 
  2.10  by the board whose services are utilized by law enforcement 
  2.11  agencies no more than an average of 20 hours per week, not 
  2.12  including time spent on call when no call to active duty is 
  2.13  received, calculated on an annual basis, who has either full 
  2.14  powers of arrest or authorization to carry a firearm while on 
  2.15  active duty.  The term shall apply even though the individual 
  2.16  receives no compensation for time spent on active duty, and 
  2.17  shall apply irrespective of the title conferred upon the 
  2.18  individual by any law enforcement agency.  The limitation on the 
  2.19  average number of hours in which the services of a part-time 
  2.20  peace officer may be utilized shall not apply to a part-time 
  2.21  peace officer who has formally notified the board pursuant to 
  2.22  rules adopted by the board of the part-time peace officer's 
  2.23  intention to pursue the specialized training for part-time peace 
  2.24  officers who desire to become peace officers pursuant to 
  2.25  sections 626.843, subdivision 1, clause (g), and 626.845, 
  2.26  subdivision 1, clause (g). 
  2.27     (g) "Reserve officer" means an individual whose services 
  2.28  are utilized by a law enforcement agency to provide 
  2.29  supplementary assistance at special events, traffic or crowd 
  2.30  control, and administrative or clerical assistance.  A reserve 
  2.31  officer's duties do not include enforcement of the general 
  2.32  criminal laws of the state, and the officer does not have full 
  2.33  powers of arrest or authorization to carry a firearm on duty. 
  2.34     (h) "Law enforcement agency" means: 
  2.35     (1) a unit of state or local government that is authorized 
  2.36  by law to grant full powers of arrest and to charge a person 
  3.1   with the duties of preventing and detecting crime and enforcing 
  3.2   the general criminal laws of the state; and 
  3.3      (2) subject to the limitations in section 626.93, a law 
  3.4   enforcement agency of a federally recognized tribe, as defined 
  3.5   in United States Code, title 25, section 450b(e). 
  3.6      (i) "Professional peace officer education" means a 
  3.7   post-secondary degree program, or a nondegree program for 
  3.8   persons who already have a college degree, that is offered by a 
  3.9   college or university in Minnesota, designed for persons seeking 
  3.10  licensure as a peace officer, and approved by the board. 
  3.11     Sec. 2.  [626.93] [LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE 
  3.12  OFFICERS.] 
  3.13     Subdivision 1.  [DEFINITION.] As used in this section, 
  3.14  "tribe" means a federally recognized Indian tribe, as defined in 
  3.15  United States Code, title 25, section 450b(e), located within 
  3.16  the state of Minnesota, but does not include a tribe, band, or 
  3.17  community described in section 626.90, 626.91, or 626.92. 
  3.18     Subd. 2.  [TRIBAL LAW ENFORCEMENT AGENCY REQUIREMENTS.] A 
  3.19  tribe may exercise authority under subdivision 3 only if it 
  3.20  satisfies the following requirements: 
  3.21     (1) the tribe agrees to be subject to liability for its 
  3.22  torts and those of its officers, employees, and agents acting 
  3.23  within the scope of their employment or duties arising out of a 
  3.24  law enforcement agency function conferred by section 626.84, 
  3.25  subdivision 1, paragraph (h), to the same extent as a 
  3.26  municipality under chapter 466, and the tribe further agrees, 
  3.27  notwithstanding section 16C.05, subdivision 7, to waive its 
  3.28  sovereign immunity with respect to claims arising from this 
  3.29  liability; 
  3.30     (2) the tribe files with the board of peace officer 
  3.31  standards and training a bond or certificate of insurance for 
  3.32  liability coverage for the maximum amounts set forth in section 
  3.33  466.04; 
  3.34     (3) the tribe files with the board of peace officer 
  3.35  standards and training a certificate of insurance for liability 
  3.36  of its law enforcement officers, employees, and agents for 
  4.1   lawsuits under the United States Constitution; and 
  4.2      (4) if the tribe's governing body has authorized its peace 
  4.3   officers to enforce criminal laws within the boundaries of the 
  4.4   tribe's reservation, the tribe agrees to be subject to section 
  4.5   13.82 and any other laws of the state relating to data practices 
  4.6   of law enforcement agencies. 
  4.7      Subd. 3.  [CONCURRENT JURISDICTION.] If the requirements of 
  4.8   subdivision 2 are met and the tribe enters into a cooperative 
  4.9   agreement pursuant to subdivision 4, the tribe shall have 
  4.10  concurrent jurisdictional authority under this section with the 
  4.11  local county sheriff within the geographical boundaries of the 
  4.12  tribe's reservation to enforce state criminal law. 
  4.13     Subd. 4.  [COOPERATIVE AGREEMENTS.] In order to coordinate, 
  4.14  define, and regulate the provision of law enforcement services 
  4.15  and to provide for mutual aid and cooperation, governmental 
  4.16  units and the tribe shall enter into agreements under section 
  4.17  471.59.  For the purposes of entering into these agreements, the 
  4.18  tribe shall be considered a "governmental unit" as that term is 
  4.19  defined in section 471.59, subdivision 1. 
  4.20     Subd. 5.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
  4.21  shall be construed to restrict a tribe's authority under federal 
  4.22  law. 
  4.23     Subd. 6.  [CONSTRUCTION.] This section is limited to law 
  4.24  enforcement authority only, and nothing in this section shall 
  4.25  affect any other jurisdictional relationships or disputes 
  4.26  involving a tribe or current reservation boundaries. 
  4.27     Sec. 3.  [EFFECTIVE DATE.] 
  4.28     Sections 1 and 2 are effective the day following final 
  4.29  enactment.