SF 1200

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring county 
  1.3             sheriffs to be licensed as peace officers before 
  1.4             taking office; amending Minnesota Statutes 1994, 
  1.5             sections 204B.06, by adding a subdivision; 387.01; and 
  1.6             626.846, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 204B.06, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 8.  [PROOF OF ELIGIBILITY.] A candidate for county 
  1.11  sheriff shall submit with the affidavit of candidacy proof of 
  1.12  licensure as a peace officer in Minnesota. 
  1.13     Sec. 2.  Minnesota Statutes 1994, section 387.01, is 
  1.14  amended to read: 
  1.15     387.01 [QUALIFICATIONS; BOND; OATH.] 
  1.16     Every person who files as a candidate for county sheriff 
  1.17  must be licensed as a peace officer in this state.  Every person 
  1.18  elected or appointed to the office of sheriff after August 1, 
  1.19  1973, and not holding a certificate of satisfactory completion 
  1.20  of the basic course in training issued by the executive director 
  1.21  of the Minnesota peace officers training board, shall, within 
  1.22  one year after assuming office obtain such certificate, except 
  1.23  that sheriffs in office on August 1, 1973, shall be considered 
  1.24  to be qualified and eligible to continue in office as sheriff 
  1.25  and to be reelected to that office.  A sheriff who without good 
  1.26  cause does not obtain a certificate of satisfactory completion 
  2.1   as required by this section shall thereafter forfeit all 
  2.2   privileges and compensation, the office of sheriff shall be 
  2.3   deemed vacant, and the county board may fill said office at a 
  2.4   special election called for that purpose, but shall fill said 
  2.5   office no later than at the next general election must become 
  2.6   licensed as a peace officer before entering upon the duties of 
  2.7   the office. 
  2.8      Before entering upon duties every sheriff shall give bond 
  2.9   to the state in a sum not less than $25,000 in counties whose 
  2.10  population exceeds 150,000, and not less than $5,000 in all 
  2.11  other counties, to be approved by the county board, conditioned 
  2.12  that the sheriff will well and faithfully in all things perform 
  2.13  and execute the duties of office, without fraud, deceit, or 
  2.14  oppression, which bond, with an oath of office, shall be filed 
  2.15  for record with the county recorder. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 626.846, 
  2.17  subdivision 6, is amended to read: 
  2.18     Subd. 6.  A person seeking election or appointment to the 
  2.19  office of sheriff, or seeking appointment to the position of 
  2.20  chief law enforcement officer, as defined by the rules of the 
  2.21  board, after June 30, 1987, must be licensed or eligible to be 
  2.22  licensed as a peace officer.  The person shall submit proof of 
  2.23  peace officer licensure or eligibility as part of the 
  2.24  application for office.  A person elected or appointed to the 
  2.25  office of sheriff or the position of chief law enforcement 
  2.26  officer shall be licensed as a peace officer during the person's 
  2.27  term of office or employment. 
  2.28     Sec. 4.  [EFFECTIVE DATE.] 
  2.29     This act is effective July 1, 1995, and applies to persons 
  2.30  who file as candidates for or who are elected or appointed to 
  2.31  the office of county sheriff on or after that date.