Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 269--S.F.No. 72
           An act relating to occupations and professions; 
          authorizing the commissioner of public safety to 
          provide administrative support services to the board 
          of peace officer standards and training; authorizing 
          certain peace officers to carry pistols; amending 
          Minnesota Statutes 1982, sections 214.04, subdivision 
          1; 624.713, subdivision 1; 626.843, subdivision 1; 
          626.845, subdivision 1; and 626.849. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 214.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner of administration with 
respect to the board of electricity, the commissioner of 
education with respect to the board of teaching, the 
commissioner of public safety with respect to the board of 
private detective and protective agent services, and the board 
of peace officer standards and training, and the commissioner of 
revenue with respect to the board of assessors, shall provide 
suitable offices and other space, joint conference and hearing 
facilities, examination rooms, and the following administrative 
support services:  purchasing service, accounting service, 
advisory personnel services, consulting services relating to 
evaluation procedures and techniques, data processing, 
duplicating, mailing services, automated printing of license 
renewals, and such other similar services of a housekeeping 
nature as are generally available to other agencies of state 
government.  Investigative services shall be provided the boards 
by employees of the office of attorney general.  The 
commissioner of health with respect to the health related 
licensing boards and the chairman of the commerce commission 
with respect to the remaining nonhealth related licensing boards 
shall provide the above facilities and services at a central 
location for the health related and remaining nonhealth related 
licensing boards.  The legal and investigative services for the 
boards shall be provided by employees of the attorney general 
assigned to the departments servicing the boards.  
Notwithstanding the foregoing, the attorney general shall not be 
precluded by this section from assigning other attorneys to 
service a board if necessary in order to insure competent and 
consistent legal representation.  Persons providing legal and 
investigative services shall to the extent practicable provide 
the services on a regular basis to the same board or boards. 
    Sec. 2.  Minnesota Statutes 1982, section 624.713, 
subdivision 1, is amended to read:  
    Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
shall not be entitled to possess a pistol: 
    (a) A person under the age of 18 years except that a person 
under 18 may carry or possess a pistol (i) in the actual 
presence or under the direct supervision of his parent or 
guardian, (ii) for the purpose of military drill under the 
auspices of a legally recognized military organization and under 
competent supervision, (iii) for the purpose of instruction, 
competition, or target practice on a firing range approved by 
the chief of police or county sheriff in whose jurisdiction the 
range is located and under direct supervision; or (iv) if the 
person has successfully completed a course designed to teach 
marksmanship and safety with a pistol and approved by the 
commissioner of natural resources; 
    (b) A person who has been convicted in this state or 
elsewhere of a crime of violence unless ten years have elapsed 
since the person has been restored his civil rights or the 
sentence has expired, whichever occurs first, and during that 
time he has not been convicted of any other crime of violence.  
For purposes of this section, crime of violence includes crimes 
in other states or jurisdictions which would have been crimes of 
violence as herein defined if they had been committed in this 
state; 
    (c) A person who is or has ever been confined or committed 
in Minnesota or elsewhere as a "mentally ill," "mentally 
deficient retarded," or "mentally ill and dangerous to the 
public" person as those terms are defined in section 253A.02 
253B.02, to a hospital, mental institution or sanitarium 
treatment facility, unless he possesses a certificate of a 
medical doctor or psychiatrist licensed in Minnesota, or other 
satisfactory proof that he is no longer suffering from this 
disability; 
    (d) A person who has been convicted in Minnesota or 
elsewhere for the unlawful use, possession, or sale of a 
controlled substance other than conviction for possession of a 
small amount of marijuana, as defined in section 152.01, 
subdivision 16, or a person who is or has ever been hospitalized 
or committed for treatment for the habitual use of a controlled 
substance or marijuana, as defined in sections 152.01 and 
152.02, unless he possesses a certificate of a medical doctor or 
psychiatrist licensed in Minnesota, or other satisfactory proof, 
that he has not abused a controlled substance or marijuana 
during the previous two years; or 
    (e) A person who has been confined or committed to a 
hospital, mental institution or sanitarium treatment facility in 
Minnesota or elsewhere as an "inebriate person" "chemically 
dependent" as that term is defined in section 253A.02 253B.02, 
or for alcoholic problems, unless he possesses a certificate of 
a medical doctor or psychiatrist licensed in Minnesota, or other 
satisfactory proof, that he has not abused alcohol during the 
previous two years; or 
    (f) A peace officer who is informally admitted to a 
treatment facility pursuant to section 253B.04 for chemical 
dependency, unless he possesses a certificate from the head of 
the treatment facility that he has been discharged or 
provisionally discharged from the treatment facility.  
    A person who issues a certificate pursuant to this 
subdivision in good faith shall not be liable for damages in an 
action arising out of the issuance. 
    Sec. 3.  Minnesota Statutes 1982, section 626.843, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
rules with respect to: 
    (a) The certification of peace officer training schools, 
programs, or courses including training schools for the 
Minnesota state patrol.  Such schools, programs and courses 
shall include those administered by the state, county, school 
district, municipality, or joint or contractual combinations 
thereof, and shall include preparatory instruction in law 
enforcement and minimum basic training courses; 
    (b) Minimum courses of study, attendance requirements, and 
equipment and facilities to be required at each certified peace 
officers training school located within the state; 
    (c) Minimum qualifications for instructors at certified 
peace officer training schools located within this state; 
    (d) Minimum standards of physical, mental and educational 
fitness which shall govern the recruitment and licensing of 
peace officers within the state, by any state, county, 
municipality, or joint or contractual combination thereof, 
including members of the Minnesota state patrol; 
    (e) Minimum standards of conduct which would affect the 
performance of the individual in his duties as a peace officer; 
     These standards shall be established and published on or 
before July 1, 1979. 
     (f) Minimum basic training which peace officers appointed 
to temporary or probationary terms shall complete before being 
eligible for permanent appointment, and the time within which 
such basic training must be completed following any such 
appointment to a temporary or probationary term; 
     (g) Minimum specialized training which part-time peace 
officers shall complete in order to be eligible for continued 
employment as a part-time peace officer or permanent employment 
as a peace officer, and the time within which the specialized 
training must be completed; 
     (h) Content of minimum basic training courses required of 
graduates of certified law enforcement training schools or 
programs.  Such courses shall not duplicate the content of 
certified academic or general background courses completed by a 
student but shall concentrate on practical skills deemed 
essential for a peace officer.  Successful completion of such a 
course shall be deemed satisfaction of the minimum basic 
training requirement; 
    (i) Grading, reporting, attendance and other records, and 
certificates of attendance or accomplishment; 
    (j) The procedures to be followed by a part-time peace 
officer for notifying the board of his intention to pursue the 
specialized training for part-time peace officers who desire to 
become peace officers pursuant to sections 626.843, subdivision 
1, clause (g) and 626.845, subdivision 1, clause (g); and 
    (k) The establishment, and use by any political subdivision 
or state law enforcement agency which employs persons licensed 
by the board of procedures for investigation and resolution of 
allegations of misconduct by persons licensed by the board.  The 
procedures shall be in writing and shall be established on or 
before October 1, 1984; and 
     (l) Such other matters as may be necessary consistent with 
sections 626.84 to 626.855.  Rules promulgated by the attorney 
general with respect to these matters may be continued in force 
by resolution of the board if the board finds the rules to be 
consistent with sections 626.84 to 626.855. 
    Sec. 4.  Minnesota Statutes 1982, section 626.845, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
the following powers and duties: 
    (a) To certify peace officers' training schools or programs 
administered by state, county and municipalities located within 
this state in whole or in part no later than 90 days after 
receipt of an application for certification.  The reasons for 
noncertification of any school or program or part thereof shall 
be transmitted to the school within 90 days and shall contain a 
detailed explanation of the reasons for which the school or 
program was disapproved and an explanation of what supporting 
material or other requirements are necessary for the board to 
reconsider.  Disapproval of a school or program shall not 
preclude the reapplication for certification of the school or 
program; 
    (b) To issue certificates to schools, and to revoke such 
certification when necessary to maintain the objectives and 
purposes of sections 626.841 to 626.855; 
    (c) To certify, as qualified, instructors at peace officer 
training schools, and to issue appropriate certificates to such 
instructors; 
     (d) To license peace officers who have satisfactorily 
completed certified basic training programs, and passed 
examinations as required by the board; 
     (e) To cause studies and surveys to be made relating to the 
establishment, operation, and approval of state, county, and 
municipal peace officer training schools; 
     (f) To consult and cooperate with state, county, and 
municipal peace officer training schools for the development of 
in-service training programs for peace officers; 
     (g) To consult and cooperate with universities, colleges, 
and area vocational technical institutes for the development of 
specialized courses of instruction and study in the state for 
peace officers and part-time peace officers in police science 
and police administration; 
     (h) To consult and cooperate with other departments and 
agencies of the state and federal government concerned with 
peace officer standards and training; 
     (i) To perform such other acts as may be necessary and 
appropriate to carry out the powers and duties as set forth in 
the provisions of sections 626.841 to 626.855; 
    (j) To coordinate the provision, on a regional basis, of 
skills oriented basic training courses to graduates of certified 
law enforcement training schools or programs;  
    (k) To obtain criminal conviction data for persons seeking 
a license to be issued or possessing a license issued by the 
board.  The board shall have authority to obtain criminal 
conviction data to the full extent that any other law 
enforcement agency, as that term is defined by state or federal 
law, has to obtain the data; and 
    (l) To prepare and transmit annually to the governor and 
the legislature a report of its activities with respect to 
allocation of moneys appropriated to it for peace officers 
training, including the name and address of each recipient of 
money for that purpose, the amount awarded, and the purpose of 
the award; and 
     (m) To assist and cooperate with any political subdivision 
or state law enforcement agency which employs persons licensed 
by the board to establish written procedures for the 
investigation and resolution of allegations of misconduct of 
persons licensed by the board, and to enforce licensing 
sanctions for failure to implement such procedures.  
    Sec. 5.  Minnesota Statutes 1982, section 626.849, is 
amended to read: 
    626.849 [SCHEDULE OF SUBJECT MATERIAL.] 
    The superintendent of the bureau of criminal apprehension 
shall prepare not later than August 1 each year a written 
schedule of subject material to be taught in each training 
course, the scheduled instructors for each subject and the time 
and place for each subject presentation.  This material shall be 
presented to the board.  The subject material, instructors and 
schedules may be approved or disapproved by a majority vote of 
the board before September 1 each year and if disapproved, the 
proposal shall be revised and re-presented to the board for 
their review in like manner.  
    Upon request of the board to the bureau of criminal 
apprehension, the subject matter of at least one training course 
shall include instruction in the development of procedures by a 
law enforcement agency to investigate and resolve allegations of 
misconduct by persons licensed by the board and employed by a 
law enforcement agency.  
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
Section 2 applies to all releases or discharges occurring 
before, on, or after that date. 
    Approved June 6, 1983