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SF 301

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; expanding the fourth-degree assault crime and the
assaulting a police horse crime to provide more protection to reserve officers;
expanding the fourth-degree assault crime to utility and postal service employees
and contractors; amending Minnesota Statutes 2010, sections 609.2231, by
adding subdivisions; 609.597; 626.84, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 609.2231, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Reserve officer. new text end

new text begin A person is guilty of a gross misdemeanor who:
new text end

new text begin (1) assaults a reserve officer as defined in section 626.84, subdivision 1, paragraph
(e), who is engaged in the performance of official public duties at the direction of, under
the control of, or on behalf of a peace officer or supervising law enforcement officer
or agency; and
new text end

new text begin (2) should reasonably know that the victim is a reserve officer engaged in the
performance of official public duties of the peace officer, or supervising law enforcement
officer or agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Utility and postal service employees and contractors. new text end

new text begin (a) A person is
guilty of a gross misdemeanor who:
new text end

new text begin (1) assaults an employee or contractor of a utility or the United States Postal Service
while the employee or contractor is engaged in the performance of the employee's or
contractor's duties;
new text end

new text begin (2) should reasonably know that the victim is an employee or contractor of a utility
or the postal service who is:
new text end

new text begin (i) performing duties of the victim's employment; or
new text end

new text begin (ii) fulfilling the victim's contractual obligations; and
new text end

new text begin (3) inflicts demonstrable bodily harm.
new text end

new text begin (b) As used in this subdivision, "utility" has the meaning given it in section 609.594,
subdivision 1, clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.597, is amended to read:


609.597 ASSAULTING OR HARMING POLICE HORSE; PENALTIES.

Subdivision 1.

Definition.

As used in this section, "police horse" means a horse
that has been trained for crowd control and other law enforcement purposes and is used to
assist peace officers new text beginor reserve officers new text endin the performance of their official duties.

Subd. 2.

Crime.

Whoever assaults or intentionally harms a police horse while the
horse is being used or maintained for use by a law enforcement agencynew text begin, or while under the
control of a reserve officer who is operating at the direction of, under the control of, or
on behalf of a peace officer or a law enforcement agency,
new text end is guilty of a crime and may
be sentenced as provided in subdivision 3.

Subd. 3.

Penalties.

A person convicted of violating subdivision 2 may be sentenced
as follows:

(1) if a peace officer, new text begina reserve officer, new text endor any other person suffers great bodily harm
or death as a result of the violation, the person may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both;

(2) if the police horse suffers death or great bodily harm as a result of the violation,
or if a peace officer new text beginor a reserve officer new text endsuffers demonstrable bodily harm as a result of
the violation, the person may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both;

(3) if the police horse suffers demonstrable bodily harm as a result of the violation,
the person may be sentenced to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both;

(4) if a peace officer new text beginor a reserve officer new text endis involuntarily unseated from the police
horse or any person, other than the peace officernew text begin or reserve officernew text end, suffers demonstrable
bodily harm as a result of the violation, the person may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both;

(5) if a violation other than one described in clauses (1) to (4) occurs, the person
may be sentenced to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, 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 Insurance Fraud 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 assistancenew text begin, and shall include reserve deputies,
special deputies, mounted or unmounted patrols, and all other employees or volunteers
performing reserve officer functions
new text end. 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, designed for persons seeking licensure as a peace
officer, and approved by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end