HF 556

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; authorizing federal law 
  1.3             enforcement officers to exercise their arrest 
  1.4             authority in this state under certain circumstances; 
  1.5             amending Minnesota Statutes 2000, section 626.77. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 626.77, is 
  1.8   amended to read: 
  1.9      626.77 [PEACE OFFICERS FROM ADJOINING STATES; FEDERAL LAW 
  1.10  ENFORCEMENT OFFICERS.] 
  1.11     Subdivision 1.  [ARREST AUTHORITY.] A peace officer of a 
  1.12  state adjoining Minnesota has and a federal law enforcement 
  1.13  officer have the same authority to arrest and hold an individual 
  1.14  in custody as has any peace officer of this state if all of the 
  1.15  following circumstances are present: 
  1.16     (1) the officer enters this state while is on duty and 
  1.17  authorized by is acting on a request for assistance by a peace 
  1.18  officer of this state; 
  1.19     (2) while in this state, the officer acts under the 
  1.20  direction of the peace officer to whom the officer is rendering 
  1.21  assistance; 
  1.22     (3) while in this state, the officer acts in accordance 
  1.23  with the rules and regulations of the officer's own appointive 
  1.24  or elective authority; and 
  1.25     (4) upon effecting an arrest, the officer surrenders 
  2.1   custody of the arrested individual to a peace officer of this 
  2.2   state without unnecessary delay. 
  2.3      Subd. 2.  [TORT LIABILITY; INDEMNIFICATION.] A peace 
  2.4   officer from an adjoining state or a federal law enforcement 
  2.5   officer who responds to a request for assistance and who acts in 
  2.6   accordance with subdivision 1 is serving in the regular line of 
  2.7   duty as fully as though the service was within the officer's 
  2.8   jurisdiction.  For the purposes of section 3.736 and chapter 
  2.9   466, the officer is deemed to be an employee of the elective or 
  2.10  appointive agency of the peace officer requesting assistance. 
  2.11     Subd. 3.  [DEFINITION.] As used in this section, "federal 
  2.12  law enforcement officer" means an officer or employee whether 
  2.13  employed inside or outside the state of the Federal Bureau of 
  2.14  Investigation, the Drug Enforcement Administration, the United 
  2.15  States Marshal Service, the Secret Service, the Bureau of 
  2.16  Alcohol, Tobacco, and Firearms, or the Immigration and 
  2.17  Naturalization Service, who is responsible for the prevention or 
  2.18  detection of crimes or for the enforcement of the United States 
  2.19  Code and who is authorized to arrest, with or without a warrant, 
  2.20  any individual for a violation of the United States Code.