SF 3178

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; permitting federal law enforcement officers to have
same authority to arrest and hold an individual in custody as Minnesota police
officers; amending Minnesota Statutes 2006, section 626.77, subdivision 1;
Minnesota Statutes 2007 Supplement, section 626.84, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 626.77, subdivision 1, is amended to read:

Subdivision 1.

Arrest authority.

A peace officer of a state adjoining Minnesota and
a federal law enforcement officer have the same authority to arrest and hold an individual
in custody as has any peace officer of this state if all of the following circumstances
are present:

(1) the officer is on duty deleted text begin and is acting on a request for assistance by a peace officer
of this state deleted text end ;

(2) deleted text begin while in this state, the officer acts under the direction of the peace officer to
whom the officer is rendering assistance;
deleted text end

deleted text begin (3) deleted text end while in this state, the officer acts in accordance with the rules and regulations
of the officer's own appointive or elective authority; and

deleted text begin (4) deleted text end new text begin (3) new text end upon effecting an arrest, the officer surrenders custody of the arrested
individual to a peace officer of this state without unnecessary delay.

Sec. 2.

Minnesota Statutes 2007 Supplement, 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 Gang and Drug Oversight 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. 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 new text begin federal law enforcement agency; or new text end 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 (h) "Federal law enforcement officer" means an officer empowered to enforce the
laws of the United States, employed by any federal law enforcement agency whether
employed inside or outside the state, who is responsible for the prevention or detection
of crimes or for the upholding or enforcement of the laws of the United States and who
is authorized to arrest, with or without a warrant, an individual for violations of the
United States Code.
new text end