as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to peace officers; including peace officers 1.3 of law enforcement agencies of federally recognized 1.4 tribes to be licensed by the board of peace officers 1.5 standards and training; amending Minnesota Statutes 1.6 1998, section 626.84, subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 626.84, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [DEFINITIONS.] For purposes of sections 1.11 626.84 to 626.863, the following terms have the meanings given 1.12 them: 1.13 (a) "Board" means the board of peace officer standards and 1.14 training. 1.15 (b) "Director" means the executive director of the board. 1.16 (c) "Peace officer" means an employee or an elected or 1.17 appointed official of a political subdivision or law enforcement 1.18 agency who is licensed by the board, charged with the prevention 1.19 and detection of crime and the enforcement of the general 1.20 criminal laws of the state and who has the full power of arrest, 1.21 and shall also include the Minnesota state patrol, agents of the 1.22 division of alcohol and gambling enforcement, state conservation 1.23 officers,
andmetropolitan transit police officers, and peace 1.24 officers who are employed by a law enforcement agency of a 1.25 federally recognized tribe, as defined in section 626.92, 1.26 subdivision 1. 2.1 (d) "Constable" has the meaning assigned to it in section 2.2 367.40. 2.3 (e) "Deputy constable" has the meaning assigned to it in 2.4 section 367.40. 2.5 (f) "Part-time peace officer" means an individual licensed 2.6 by the board whose services are utilized by law enforcement 2.7 agencies no more than an average of 20 hours per week, not 2.8 including time spent on call when no call to active duty is 2.9 received, calculated on an annual basis, who has either full 2.10 powers of arrest or authorization to carry a firearm while on 2.11 active duty. The term shall apply even though the individual 2.12 receives no compensation for time spent on active duty, and 2.13 shall apply irrespective of the title conferred upon the 2.14 individual by any law enforcement agency. The limitation on the 2.15 average number of hours in which the services of a part-time 2.16 peace officer may be utilized shall not apply to a part-time 2.17 peace officer who has formally notified the board pursuant to 2.18 rules adopted by the board of the part-time peace officer's 2.19 intention to pursue the specialized training for part-time peace 2.20 officers who desire to become peace officers pursuant to 2.21 sections 626.843, subdivision 1, clause (g), and 626.845, 2.22 subdivision 1, clause (g). 2.23 (g) "Reserve officer" means an individual whose services 2.24 are utilized by a law enforcement agency to provide 2.25 supplementary assistance at special events, traffic or crowd 2.26 control, and administrative or clerical assistance. A reserve 2.27 officer's duties do not include enforcement of the general 2.28 criminal laws of the state, and the officer does not have full 2.29 powers of arrest or authorization to carry a firearm on duty. 2.30 (h) "Law enforcement agency" means a unit of state or local 2.31 government that is authorized by law to grant full powers of 2.32 arrest and to charge a person with the duties of preventing and 2.33 detecting crime and enforcing the general criminal laws of the 2.34 state or a law enforcement agency of a federally recognized 2.35 tribe, as defined in section 626.92. 2.36 (i) "Professional peace officer education" means a 3.1 post-secondary degree program, or a nondegree program for 3.2 persons who already have a college degree, that is offered by a 3.3 college or university in Minnesota, designed for persons seeking 3.4 licensure as a peace officer, and approved by the board.