HF 3080

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; clarifying the jurisdiction 
  1.3             of the metropolitan transit police; removing an 
  1.4             exception to a restriction on the employment of 
  1.5             metropolitan transit police officers on a part-time 
  1.6             basis; authorizing metropolitan transit police 
  1.7             officers to apply for and execute search warrants; 
  1.8             removing certain authority of natural resources 
  1.9             department employees to act as peace officers or 
  1.10            police officers; amending Minnesota Statutes 2000, 
  1.11            sections 84.029, subdivision 1; 84A.55, subdivision 8; 
  1.12            473.407, subdivisions 1, 2, 3; 626.05, subdivision 2; 
  1.13            Minnesota Statutes 2001 Supplement, sections 626.11; 
  1.14            626.13; repealing Minnesota Statutes 2000, sections 
  1.15            85.04; 473.407, subdivision 4a. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 84.029, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
  1.20  AND OPERATION.] In addition to other lawful authority, the 
  1.21  commissioner of natural resources may establish, develop, 
  1.22  maintain, and operate recreational areas, including but not 
  1.23  limited to trails and canoe routes, for the use and enjoyment of 
  1.24  the public on any state-owned or leased land under the 
  1.25  commissioner's jurisdiction.  Each employee of the department of 
  1.26  natural resources, while engaged in employment in connection 
  1.27  with such recreational areas, has and possesses the authority 
  1.28  and power of a peace officer when so designated by the 
  1.29  commissioner. 
  1.30     Sec. 2.  Minnesota Statutes 2000, section 84A.55, 
  2.1   subdivision 8, is amended to read: 
  2.2      Subd. 8.  [POLICING.] The commissioner may police the game 
  2.3   preserves, areas, and projects as necessary to carry out this 
  2.4   section.  Persons assigned to the policing have the powers of 
  2.5   police officers while so engaged.  
  2.6      Sec. 3.  Minnesota Statutes 2000, section 473.407, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [AUTHORIZATION.] The council may appoint 
  2.9   peace officers, as defined in section 626.84, subdivision 1, 
  2.10  paragraph (c), and establish a law enforcement agency, as 
  2.11  defined in section 626.84, subdivision 1, paragraph (h), known 
  2.12  as the metropolitan transit police, to police its transit 
  2.13  property and routes, to carry out investigations, and to make 
  2.14  arrests under sections 629.30 and 629.34.  The jurisdiction of 
  2.15  the law enforcement agency is limited to offenses relating to 
  2.16  council transit property, equipment, employees, and passengers. 
  2.17     Sec. 4.  Minnesota Statutes 2000, section 473.407, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [LIMITATIONS ARRESTS AND SUBSEQUENT 
  2.20  INVESTIGATIONS.] The initial processing of a person arrested by 
  2.21  the transit police for an offense within the agency's 
  2.22  jurisdiction is the responsibility of the transit police unless 
  2.23  otherwise directed by the law enforcement agency with primary 
  2.24  jurisdiction.  A subsequent investigation is the responsibility 
  2.25  of the law enforcement agency of the jurisdiction in which the 
  2.26  crime was committed unless the law enforcement agency authorizes 
  2.27  the transit police to assume the subsequent investigation.  The 
  2.28  transit police are not authorized to apply for a search warrant 
  2.29  as prescribed in section 626.05.  At the request of the primary 
  2.30  jurisdiction, the transit police may assist in a subsequent 
  2.31  investigation being carried out by the primary jurisdiction.  
  2.32  Persons arrested for violations which the transit police 
  2.33  determine are not within the agency's jurisdiction must be 
  2.34  referred to the appropriate local law enforcement agency for 
  2.35  further investigation or disposition. 
  2.36     Sec. 5.  Minnesota Statutes 2000, section 473.407, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [POLICIES POLICY FOR NOTICE OF INVESTIGATIONS.] 
  3.3   Before the council begins to operate its law enforcement agency 
  3.4   within a city or county with an existing law enforcement agency, 
  3.5   the transit police shall develop, in conjunction with the law 
  3.6   enforcement agencies, written policies that describe how the 
  3.7   issues of joint jurisdiction will be resolved.  The policies 
  3.8   must also address the operation of emergency vehicles by transit 
  3.9   police responding to transit emergencies.  These policies must 
  3.10  be filed with the board of peace officer standards and training 
  3.11  by August 1, 1993.  Revisions of any of these policies must be 
  3.12  filed with the board within ten days of the effective date of 
  3.13  the revision.  The transit police must develop a policy for 
  3.14  notifying the law enforcement agency with primary jurisdiction 
  3.15  when it has initiated surveillance or investigation of any 
  3.16  person within the jurisdiction of that agency.  The council 
  3.17  shall train all of its peace officers regarding the application 
  3.18  of these policies this policy. 
  3.19     Sec. 6.  Minnesota Statutes 2000, section 626.05, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [PEACE OFFICER.] The term "peace officer," as 
  3.22  used in sections 626.04 to 626.17, means a person who is 
  3.23  licensed as a peace officer in accordance with section 626.84, 
  3.24  subdivision 1, and who serves as a sheriff, deputy sheriff, 
  3.25  police officer, constable, conservation officer, agent of the 
  3.26  bureau of criminal apprehension, agent of the division of 
  3.27  alcohol and gambling enforcement, University of Minnesota peace 
  3.28  officer, metropolitan transit police officer, or state patrol 
  3.29  trooper as authorized by section 299D.03. 
  3.30     Sec. 7.  Minnesota Statutes 2001 Supplement, section 
  3.31  626.11, is amended to read: 
  3.32     626.11 [ISSUANCE OF WARRANT.] 
  3.33     If the judge is satisfied of the existence of the grounds 
  3.34  of the application, or that there is probable cause to believe 
  3.35  their existence, the judge must issue a signed search warrant, 
  3.36  naming the judge's judicial office, to a peace officer having 
  4.1   jurisdiction in the area where the place to be searched is 
  4.2   located, to an agent of the bureau of criminal apprehension, to 
  4.3   an officer of the metropolitan transit police, or to an agent of 
  4.4   the division of alcohol and gambling enforcement who is a 
  4.5   licensed peace officer as defined in section 626.84, subdivision 
  4.6   1, paragraph (c).  The warrant shall direct the officer or agent 
  4.7   to search the person or place named for the property or things 
  4.8   specified, and to retain the property or things in the officer's 
  4.9   or agent's custody subject to order of the court issuing the 
  4.10  warrant. 
  4.11     Sec. 8.  Minnesota Statutes 2001 Supplement, section 
  4.12  626.13, is amended to read: 
  4.13     626.13 [SERVICE; PERSONS MAKING.] 
  4.14     A search warrant may in all cases be served anywhere within 
  4.15  the issuing judge's jurisdiction by any of the officers 
  4.16  mentioned in its directions, but by no other person, except in 
  4.17  aid of the officer on the officer's requiring it, the officer 
  4.18  being present and acting in its execution.  If the warrant is to 
  4.19  be served by an agent of the bureau of criminal apprehension, an 
  4.20  agent of the division of alcohol and gambling enforcement, a 
  4.21  state patrol trooper, a metropolitan transit police officer, or 
  4.22  a conservation officer, the agent, state patrol trooper, police 
  4.23  officer, or conservation officer shall notify the chief of 
  4.24  police of an organized full-time police department of the 
  4.25  municipality or, if there is no such local chief of police, the 
  4.26  sheriff or a deputy sheriff of the county in which service is to 
  4.27  be made prior to execution. 
  4.28     Sec. 9.  [APPLICATION.] 
  4.29     Sections 3 to 5 and the repeal in section 10 of Minnesota 
  4.30  Statutes 2000, section 473.407, subdivision 4a, apply in the 
  4.31  counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
  4.32  Washington. 
  4.33     Sec. 10.  [REPEALER.] 
  4.34     Minnesota Statutes 2000, sections 85.04; and 473.407, 
  4.35  subdivision 4a, are repealed.  
  4.36     Sec. 11.  [EFFECTIVE DATE.] 
  5.1      Sections 1 to 10 are effective the day following final 
  5.2   enactment.