HF 4162

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to public safety; amending requirements regarding professional peace
officer education; amending Minnesota Statutes 2022, sections 626.84, subdivision
1; 626.843, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 626.84, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 626.84 to 626.863, the following
terms have the meanings given them:

(a) "Board" means the Board of Peace Officer Standards and Training.

(b) "Director" means the executive director of the board.

(c) "Peace officer" means:

(1) an employee or an elected or appointed official of a political subdivision or law
enforcement agency who is licensed by the board, charged with the prevention and detection
of crime and the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of
Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police
officers, Department of Corrections Fugitive Apprehension Unit officers, and Department
of Commerce Fraud Bureau Unit officers, and the statewide coordinator of the Violent
Crime Coordinating Council; and

(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is
licensed by the board.

(d) "Part-time peace officer" means an individual licensed by the board whose services
are utilized by law enforcement agencies no more than an average of 20 hours per week,
not including time spent on call when no call to active duty is received, calculated on an
annual basis, who has either full powers of arrest or authorization to carry a firearm while
on active duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title conferred upon the
individual by any law enforcement agency.

(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance, and shall include reserve deputies, special
deputies, mounted or unmounted patrols, and all other employees or volunteers performing
reserve officer functions. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest or authorization
to carry a firearm on duty.

(f) "Law enforcement agency" means:

(1) a unit of state or local government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; and

(2) subject to the limitations in section 626.93, a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e).

(g) "Professional peace officer education" means a postsecondary degree program, or a
nondegree program for persons who already have a college degree, that is offered by a
college or university in Minnesota new text begin or a law enforcement agency new text end , designed for persons
seeking licensure as a peace officer, and approved by the board.

Sec. 2.

Minnesota Statutes 2022, section 626.843, subdivision 1, is amended to read:

Subdivision 1.

Rules required.

The board shall adopt rules with respect to:

(1) the certification of postsecondary schools to provide programs of professional peace
officer education;

(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;

(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;

(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;

(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement new text begin . Rules adopted by the board must credit the education of
individuals covered in clauses (8), (9), and (10), and correspondingly reduce the number of
learning objectives they must meet new text end ;

new text begin (8) individuals who have attained a Juris Doctorate from a law school accredited by the
American Bar Association and individuals who have attained the degree of Bachelor of
Arts, Bachelor of Sciences, Master of Arts, or other advanced degree from a state college
or university as defined in section 136F.01, in the field of criminal justice studies. The rules
must reflect that those individuals have fulfilled categories one and two, core competencies
and foundational knowledge, of the Professional Peace Officer Education learning objectives;
new text end

new text begin (9) individuals who have attained the degree of Bachelor of Arts, Bachelor of Sciences,
Master of Arts, or other advanced degree from a state college or university as defined in
section 136F.01, in a field of study within the liberal arts college or its equivalent. The rules
must reflect that those individuals have fulfilled category one, core competencies, of the
Professional Peace Officer Education learning objectives;
new text end

new text begin (10) individuals who have worked as a corrections officer, as defined by section 241.026,
or as an emergency medical technician, for five consecutive years. The rules must reflect
that those individuals have fulfilled category one, core competencies, of the Professional
Peace Officer Education learning objectives;
new text end

new text begin (11) the instructional setting of Professional Peace Officer Education. The rules must
allow for law enforcement agencies to provide instruction in the remaining Peace Officer
Education learning objectives for individuals covered in clauses (8), (9), and (10);
new text end

deleted text begin (8) deleted text end new text begin (12) new text end the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;

deleted text begin (9) deleted text end new text begin (13) new text end the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;

deleted text begin (10) deleted text end new text begin (14) new text end supervision of part-time peace officers and requirements for documentation
of hours worked by a part-time peace officer who is on active duty. These rules shall be
adopted by December 31, 1993;

deleted text begin (11) deleted text end new text begin (15) new text end citizenship requirements for peace officers and part-time peace officers;

deleted text begin (12) deleted text end new text begin (16) new text end driver's license requirements for peace officers and part-time peace officers;
and

deleted text begin (13) deleted text end new text begin (17) new text end such other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.