SF 1248

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 applicants 
  1.3             seeking initial peace officer licensure to have 
  1.4             successfully completed a professional peace officer 
  1.5             education program and to possess a bachelor's degree; 
  1.6             requiring the board of peace officer standards and 
  1.7             training to adopt rules; establishing a task force to 
  1.8             assist the board in developing rules; requiring the 
  1.9             board to report to the legislature; amending Minnesota 
  1.10            Statutes 1994, section 626.84, subdivision 1; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 626. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 626.84, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
  1.17  626.84 to 626.863, the following terms have the meanings given 
  1.18  them: 
  1.19     (a) "Board" means the board of peace officer standards and 
  1.20  training. 
  1.21     (b) "Director" means the executive director of the board. 
  1.22     (c) "Peace officer" means an employee or an elected or 
  1.23  appointed official of a political subdivision or law enforcement 
  1.24  agency who is licensed by the board, charged with the prevention 
  1.25  and detection of crime and the enforcement of the general 
  1.26  criminal laws of the state and who has the full power of arrest, 
  1.27  and shall also include the Minnesota state patrol, agents of the 
  1.28  division of gambling enforcement, and state conservation 
  1.29  officers. 
  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. 
  2.35     (i) "Professional peace officer education" means a 
  2.36  post-secondary degree program, or a nondegree program for 
  3.1   persons who already have a college degree, that is offered by a 
  3.2   college or university in Minnesota, designed for persons seeking 
  3.3   licensure as a peace officer, and approved by the board. 
  3.4      (j) "Eligible to be licensed" means the status of an 
  3.5   individual who has passed the peace officer licensing 
  3.6   examination or the reciprocity examination but who has not yet 
  3.7   secured employment as a peace officer. 
  3.8      Sec. 2.  [626.8551] [PROFESSIONAL PEACE OFFICER EDUCATION.] 
  3.9      Subdivision 1.  [POLICY.] The legislature finds and 
  3.10  declares that it is necessary to establish minimum educational 
  3.11  requirements for peace officers as a prerequisite to licensure 
  3.12  to maximize their ability to understand the complexities of 
  3.13  community problems and issues and to deal effectively with other 
  3.14  professionals involved in the system.  The legislature further 
  3.15  finds and declares that the successful attainment of a 
  3.16  baccalaureate degree and completion of a professional peace 
  3.17  officer education program is an essential means to achievement 
  3.18  of this objective. 
  3.19     Subd. 2.  [RULES.] By September 1, 1997, the board shall 
  3.20  adopt rules with respect to the following matters: 
  3.21     (1) the process for certification of professional peace 
  3.22  officer education programs at accredited colleges or 
  3.23  universities in this state that offer a baccalaureate degree; 
  3.24  and 
  3.25     (2) the content of learning objectives for professional 
  3.26  peace officer education. 
  3.27     The rules adopted by the board must provide for enrollment 
  3.28  in professional peace officer education for both students 
  3.29  seeking a bachelor's degree and individuals holding any type of 
  3.30  bachelor's degree from an accredited college or university. 
  3.31     Subd. 3.  [TASK FORCE TO ASSIST IN DEVELOPING RULES; 
  3.32  MEMBERSHIP.] The board, in consultation with the Minnesota state 
  3.33  colleges and universities board, shall establish a task force to 
  3.34  assist it in developing the rules required by subdivision 2.  
  3.35  The membership of the task force must include current peace 
  3.36  officers, law enforcement faculty and system administration, and 
  4.1   representatives from the community.  The commissioner shall 
  4.2   ensure diverse racial, ethnic, and gender membership on the task 
  4.3   force. 
  4.4      Subd. 4.  [REPORT.] By July 1, 1996, the board, with the 
  4.5   assistance of the task force established under subdivision 3, 
  4.6   shall submit a detailed report to the legislature.  This report 
  4.7   must contain an update on the development of rules under 
  4.8   subdivision 1, plans for enrollment management and transition at 
  4.9   the colleges and universities, and statewide plans for the 
  4.10  recruitment and retention of women and minorities. 
  4.11     Subd. 5.  [REQUIREMENT FOR LICENSURE.] A person may not be 
  4.12  determined to be eligible for licensure by the board after July 
  4.13  1, 1998, unless the person holds a bachelor's degree and has 
  4.14  completed a professional peace officer education program as 
  4.15  required in subdivision 2. 
  4.16     Subd. 6.  [EXCEPTION.] A person who is eligible to be 
  4.17  licensed or holds a peace officer license before August 1, 1998, 
  4.18  is not required to meet the requirements of subdivision 2.